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.