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If CS fails to comply with orders of court, who else will, asks HC
If CS fails to comply with orders of court, who else will, asks HC

Time of India

time21-07-2025

  • Politics
  • Time of India

If CS fails to comply with orders of court, who else will, asks HC

Chennai: Raising concern over the failure of top officials in implementing court orders, Justice Battu Devanand on Monday remarked, "If a chief secretary does not obey court orders, who else will obey?" The judge made this observation during a suo motu contempt proceeding against former chief secretary (CS) Shiv Das Meena and incumbent chief secretary N Muruganandam for failing to implement a 2023 court order. The 2023 order directed the chief secretary to constitute an expert committee to recommend necessary amendments to the Tamil Nadu Civil Service (Appointment on Compassionate Grounds) Rules, 2023, as the existing provisions suffered from various infirmities. This was to be done within two months. "Because they are higher officials, they do not have any regard for the orders passed by the court. If the chief secretary himself is not following the court orders, how can we expect officers serving under him to follow the order in a timely manner," the judge questioned. It was embarrassing for the court to initiate suo motu proceedings against high-ranking officials, the judge added. You Can Also Check: Chennai AQI | Weather in Chennai | Bank Holidays in Chennai | Public Holidays in Chennai During course of the hearing, the court directed the appearance of both Siva Das Meena and Muruganandam to explain their actions in not implementing the order. On Monday, the court was informed that the committee has been constituted and steps have been taken to maintain a seniority list of persons eligible for appointment under compassionate grounds. Recording the submissions, the court observed that had the former chief secretary taken steps to implement the order at that time, the incumbent officer would not have been summoned to the court. The judge added that even in one of his previous orders pronounced two years ago, he appreciated the former chief secretary for issuing a circular to all his subordinates to promptly implement court orders. The court then directed the authorities to produce a copy of the amendments made to the rules to the high court registry in two weeks and closed the contempt petition.

Irate HC intimates contempt against 2 chief secys
Irate HC intimates contempt against 2 chief secys

Time of India

time07-06-2025

  • Politics
  • Time of India

Irate HC intimates contempt against 2 chief secys

Chennai: Expressing deep anguish and displeasure towards the attitude of Tamil Nadu chief secretary in disrespecting court orders, Madras high court initiated suo motu contempt of court proceedings against the officers who served as the chief secretary to the govt from Sep 19, 2023. "This court is expressing its deep anguish and displeasure towards the attitude of the chief secretary in disrespecting the court orders and executing them in true letter and spirit," Justice Battu Devanand said. "As the chief secretary, who is the head of the executive of the state, does not implement the court order and takes it lightly, this court cannot expect that his subordinate officers would implement the orders in true letter and spirit," the court added. The court passed the order on four petitions in which the court directed the govt to implement the scheme of compassionate appointment from 1972 to 2023. The high court passed the order while allowing the pleas moved by legal heirs of deceased govt employees against infirmities in implementing Tamil Nadu Civil Service (Appointment on Compassionate Grounds) Rules, 2023. The court directed the state to consider the suggestion for feasibility to maintain a state-wise list of the dependants for compassionate appointment and to take steps to obtain a report from the committee within two months. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Fastest Selling Plots of Mysore from 40L | 40+ Amenities PurpleBrick Learn More Undo The court also directed the chief secretary that the action taken report be placed before this court within three months . On June 6, the court was informed that no such report was filed within the time prescribed by the court. Recording the submission, the court said, "After considering all these facts, this court is of the prima facie opinion that the chief secretary failed to comply with the order of this court in true letter and spirit." On several occasions, this court noticed that only after the filing of contempt cases and after issuing statutory notice for the appearance of the officers, the authorities choose to file appeals with delay condonation petitions. No doubt, it is the right of the respondents to file appeals. But it has to be filed within the time stipulated for the limitation of filing of appeals, the court said. The court then adjourned the hearing to June 20.

Madras High Court initiates contempt proceedings against Tamil Nadu Chief Secretaries
Madras High Court initiates contempt proceedings against Tamil Nadu Chief Secretaries

New Indian Express

time07-06-2025

  • Politics
  • New Indian Express

Madras High Court initiates contempt proceedings against Tamil Nadu Chief Secretaries

CHENNAI: The Madras High Court has initiated suo motu contempt of court proceedings against officers who have served as the Chief Secretary of Tamil Nadu from September 19, 2023 until now for failing to take action as per the court's orders issued on that date in a batch of petitions filed regarding issues in providing appointments based on compassionate grounds to the dependents of government staff who died in harness. The directions issued to the Chief Secretary in the September 19, 2023 included a direction to set up a committee to look into the issues in the appointments on compassionate grounds and recommend necessary amendments to the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023, to fix a time frame. Observing that a perusal of records by the court established that no such action had been taken, Justice Battu Devanand on Friday said that the court was of the 'prima facie opinion' that the Chief Secretary had failed to comply with the order. He directed the Registrar (Judicial) to get the particulars of the officers concerned and register a contempt case against them under the provisions of Contempt of Courts Act 1971 read with Article 215 of the Constitution. The judge further directed the Registrar to issue notices to them to enable them to submit their response by June 20. It can be noted that incumbent Chief Secretary N. Muruganandam and his predecessor Shiv Das Meena have served in this post in the period mentioned by the court. The contempt of court proceedings has been initiated for failing to obey the orders, particularly in connection with a 2020 writ petition filed by a Nithya of Coimbatore, whose father died while working in the Transport department, for getting an appointment in the same department on compassionate grounds, and a batch of similar petitions. Expressing 'deep anguish' and 'displeasure' towards the attitude of the Chief Secretary for 'disrespecting the court's orders and failing to execute them in 'true letter and spirit,' Justice Battu Devanand said the present issue is a 'classic example' of the 'lethargic attitude' of several bureaucrats. He said that chief secretaries have no concern towards the common people and poor litigants. Such litigants are not able to enjoy the fruits of justice even after the passing of orders by the Madras High Court. He said the court intends to initiate the suo motu contempt proceedings to send a clear message to the bureaucrats, who are acting 'brazenly' and not implementing the court's orders.

Weekly-off for cops must, govt will face contempt if it fails to comply, says Madras HC
Weekly-off for cops must, govt will face contempt if it fails to comply, says Madras HC

New Indian Express

time29-04-2025

  • Politics
  • New Indian Express

Weekly-off for cops must, govt will face contempt if it fails to comply, says Madras HC

MADURAI: The Madurai Bench of the Madras High Court on Monday ordered strict implementation of 2021 G.O granting compulsory weekly off to constables and head constables, warning that contempt proceedings would be initiated against officers who fail to comply. Justice Battu Devanand passed the order on a petition filed by M Senthil Kumar, a head constable at the Austinpatti station in Madurai, who alleged that the government order was not being properly implemented. Observing that the issue concerns not just one individual but thousands of police personnel across the state, the judge said vague claims of compliance made by the state government could not be accepted. The government had contended that weekly or fortnightly offs were being given to police personnel in all districts. Additional advocate general Veera Kathiravan argued that the petition should be treated as a public interest litigation (PIL), as the petitioner has raised the grievances of other police personnel, which is not maintainable in service matters. Therefore, the petition itself was not maintainable, he submitted. However, the judge noted that there was no association in Tamil Nadu to represent the grievances of police personnel. 'In such a situation, it is unreasonable to expect every police personnel to approach the court individually to seek the benefit of weekly off,' he said. The judge pointed out that the government's decision to grant compulsory weekly off was intended to allow constables, head constables, special sub-inspectors and sub-inspectors to safeguard their health and spend time with their families. 'While the decision is laudable, ineffective implementation is depriving police personnel of its benefits,' the judge observed. The government had issued a G.O. on November 3, 2021, sanctioning one day weekly off for police personnel up to the rank of head constable. A similar G.O. was issued the following year for sub-inspectors and special sub-inspectors. But the petitioner alleged that both the orders have not come into force till now.

HC directs DGP to implement GO sanctioning weekly off to cops
HC directs DGP to implement GO sanctioning weekly off to cops

Time of India

time28-04-2025

  • Politics
  • Time of India

HC directs DGP to implement GO sanctioning weekly off to cops

Madurai: on Monday directed the director general of police (DGP) to ensure the proper and effective implementation of the 2021 govt order (GO) sanctioning a one-day weekly off for head constables and constables. Tired of too many ads? go ad free now Justice Battu Devanand made it clear that any future violation of this directive would necessarily invite the initiation of proceedings against the officers concerned under the Contempt of Courts Act, 1971, read with Article 215 of the Constitution. The court was hearing a petition filed by M Senthil Kumar, a head constable at Austinpatti police station in Madurai district. He stated that GOs were passed in 2021 and 2022, sanctioning one-day weekly off for police personnel, but they were not implemented. Hence, he moved court. The state submitted that the petitioner is raising the grievances of other police personnel for their benefit and, as such, the present petition should be treated as a petition filed as public interest litigation. However, justice Battu Devanand noted that the petitioner was denied a weekly off on several occasions contrary to the GOs. The petitioner attempted to demonstrate the difficulties faced by all police personnel. Therefore, it cannot be construed that the petitioner filed this petition as public interest litigation. "There is no association for police personnel working in the state of Tamil Nadu to enable them to represent their grievances to the state govt or the concerned authorities. It is also an admitted fact that in neighbouring states, police personnel have their associations. In such a factual situation, the authorities cannot expect that every police personnel has to approach the court by filing separate petitions seeking to extend the benefit of a weekly off provided by the state govt by amending the police standing orders. Tired of too many ads? go ad free now Under such circumstances, filing this petition to bring the difficulties of the petitioner himself before the court and at the same time his attempt to bring the difficulties of all the police personnel working in the state cannot be faulted," the judge observed. The judge observed that the aim and objective behind the announcement made by the Tamil Nadu chief minister (CM) to grant a weekly off to police personnel is to take care of their health condition and it would be helpful for them to spend some time with their family members to come out from work tension and stress. The decision of the CM is very much laudable. "But the GOs issued based on the announcement of the CM are not being implemented effectively and properly. Due to the inaction of the authorities, the aim and object for amending police standing orders for a weekly off is being defeated and police personnel are not able to enjoy the fruits of the policy decision of the state govt," the judge observed. The petitioner only seeks the effective and proper implementation of the orders issued by the govt to extend the benefit of a weekly off to the police personnel. The request made by the petitioner is reasonable, and he is entitled to relief, the judge observed.

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