S Duraimanickam v. S Karuthiah Pandian I A S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2020

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN CONT. P. No.1267 of 2008 in W.P. No.18939 of 2008 S. Duraimanickam, Retired Assistant, Nadupatty, Arunthavapuram Post, Papanasam, Thanjavur District ... Petitioner Vs.

1. Thiru. S. Karuthiah Pandian, I.A.S., Secretary to Government, Home (Transport) Department, Secretariat, Chennai - 9.

2. The Chairman, The Tamil Nadu Public Service Commission, Chennai.

... Respondents (2nd respondent added as per order of this Court dated 06.01.2009 in Cont.P.No.1267 of 2008) Prayer: Petition filed under Section 11 of contempt of Court Act, 1971, praying to punish the respondent for the wilful disobedience to the order of this Court made in W.P. No.18939 of 2008 dated 06.08.2010. 1/4

For Petitioner : No appearance For Respondent-1 : Mr. M. Elumalai (Additional Government Pleader) For Respondent-2 : Mr. Karthik Rajan, (Standing Counsel for T.N.P.S.C.) ******

O R D E R

This Contempt petition has been filed alleging non compliance of the order made in W.P. No.18939 of 2008 dated 06.08.2010 against the respondents herein and praying to punish the respondents for the same.

2. On perusal of the record, it is seen that this Court has passed the order dated 06.08.2008 directing the respondents to consider the appeal filed by the petitioner on 12.06.2008 along with his additional grounds dated 18.07.2008 and pass orders thereon on merits and in accordance with law within a period of three months from the date of receipt of copy of this order. Subsequently, the order was passed only on 30.10.2009 on the appeal filed by the petitioner without following the direction of this Court.

3. It is seriously observed that the officials of the Government Department are not at all following the directions of this Court in many cases. On earlier occasions also, this Court observed about the lethargic attitude of the 2/4

respective officers of the Government Department and they are not giving any effect to the direction of this Court. Such an attitude if continued in future, it will be viewed very seriously and the persons who are holding the concerned post, will be held responsible for such disobedience.

4. Recording the above views in respect of the attitude of the Officials of the Government Department, this Court accepts the affidavit filed by the respondent who rendered his unconditional apology for the delay in compliance of the order of this Court.

4. The Registry is directed to communicate this Order to the Chief Secretary, The Government of Tamilnadu, to issue suitable instructions to all the head of the Departments.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ibm //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/23/07/2021 3/4

To:

1. The Chief Secretary, Government of Tamilnadu, Secretariat, Fort St. George, Chennai 600 009

2. The Secretary to Government, Home (Transport) Department, Secretariat, Chennai - 9.

3. The Chairman, The Tamil Nadu Public Service Commission, Chennai.

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