Madras High Court Initiates Suo Motu Contempt Proceedings Against Chief Secretaries Working Since 2023 For Non-Compliance

Justice Battu Devanand expressed deep anguish and displeasure in the manner in which the Chief Secretary had been disrespecting the orders of the court and failing to implement it in letter and spirit. The court added that Chief Secretary, who was the Head of the executive State was taking court orders lightly, what could be expected from subordinate officers.

“This Court is expressing its deep anguish and displeasure towards the attitude of the third respondent in disrespecting the Court orders and executing them in true letter and spirit. As and when the third respondent, who is being the Head of the executive of the State, is not implementing the Court order and taking it in a lighter way, this Court cannot expect that his subordinate officers working in the State Government would implement the Court orders in true letter and spirit,” the court said.

The court also remarked that on many occasions, the government officers were filing appeals against orders only when a contempt petition was filed or when the court ordered notice. While the court noted that appeals could be filed with a delay on some occasions, the court also said that it had become a habit for the state to do so and such practice could not be accepted by the court.

“This Court can understand that the appeals could be filed with delay petitions in one or two occasions. But it has become the habit of the State Government Officers to file appeals with delay as and when contempt cases are filed and statutory notices were issued by the Court. This practice is not acceptable to the Court,” the court said.

The court was hearing a plea regarding compassionate appointment. During the course of the hearing, the court noted that the State was yet to implement a previous order of the court wherein the court had directed the Chief Secretary to constitute a committee to make necessary recommendations to amend the Tamil Nadu Civil Service (Appointment on Compassionate Grounds) Rules, 2023 and to take steps to obtain report from the committee within 2 months.

Though the counsel for the Chief Secretary submitted that steps had been taken to comply with the order, the court was not ready to accept the submission.

The court remarked that it was a classic case of lethargic attitude of the bureaucrats who had no concern for the common man and the poor litigants. The court added that even after passing orders, the poor litigants were not able to enjoy the fruits of justice.

Thus, to send a clear message to the bureaucrats, the court deemed it fit to initiate suo motu contempt proceedings against the Chief Secretaries. The court thus directed the Registry to get the details of the officers and register a contempt case against them under the provisions of Contempt of Courts Act 1971 read with Article 215 of the Constitution of India.

Case Title: V. Nithya v. Tamilnadu State Transport Corporation and Others

Case No: W.P.Nos.2621, 9953, 14002 and 15566 of 2020