Supreme Court closes contempt proceedings against 9 Tamil Nadu Govt Officials for not implementing a direction to revise seniority list of officers in the Public Works Dept.
The Supreme Court closed contempt proceedings against 9 Tamil Nadu Government Officials for not implementing a direction to revise seniority list of officers in the Public Works Department.
A direction was given to the persons concerned to revise and publish the seniority list of those who were selected pursuant to the notification issued by the Tamil Nadu Public Service Commission (‘TNPSC’) on 10.09.1999 strictly on the basis of merit and not on the basis of roster points. 12 weeks’ time was given for compliance of the directions.
The petitioners contended that the conduct of the contemnors in not obeying the orders of the Court in spite of repeated directions of the court is wilful and no leniency should be shown to them. The petitioners voiced their grievance by stating that they had to knock on the doors of the Court on several occasions seeking implementation of the directions issued in 2016. In spite of the directions issued by the court being clear in terms, the contemnors did not implement the directions with an ulterior motive. The contemnors have scant respect for the orders of the Court and deserve to be punished by being sent to jail at least for a month.
The contemnors contended that they are public servants who are bound to implement the policies of the State Government. During the pendency of the litigation, a legislation was enacted and a decision was taken to file a review petition in the High Court. The contemnors have no personal animosity towards the Petitioner.
The division bench of Justice L. Nageswara Rao and Justice B.R. Gavai noted that the contemnors had no intention to violate the directions issued by the Court and they have immense respect for the Court and the orders passed by it.
The court stated that the direction given previously has been carried out in its letter and spirit, it does not appreciate the attitude of the respondents in delaying implementation of the direction issued by the Court.
The court added that the petitioners have been driven from pillar to post and had to approach the Court by filing repeated applications for implementation of the directions issued by the Court. The proclivity of the respondents/contemnors to be stubborn and obdurate is deprecated.
The court warned the contemnors to be careful in future and to implement directions given by a court of law promptly.
The court closed the contempt petitions with this warning.
Case title: V. Senthur and Anr. v/s M. Vijayakumar, IAS, Secretary, Tamil Nadu Public Service Commission and Anr.
Citation: CONTEMPT PETITION (CIVIL) NO. 638 OF 2017
