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Synopsis

The Madras High Court recently held an IAS officer and two others guilty of contempt of court and sentenced them to undergo simple imprisonment for two weeks and to pay fine of Rs.1,000 each. 

The bench of Justice Battu Devanand observed that there had been an abnormal delay on the part of the contemnors in complying an order of the court dated December 3, 2012. 

Court also refused to accept the unconditional apology tendered by the contemnors while holding it 'not bonafide'.

"In the opinion of the Court, if any lenient view is taken against such type of officers, who are not implementing the orders of this Court, years together, and implementing Court orders only after directing their appearance before the Court, in the opinion of this Court, it will send wrong message to such type of Government officers," said the single judge bench. 

Court was dealing with a petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors for willful disobedience of an order of the high court. 

By an order dated December 3, 2012, the high court had directed the respondent authorities to regularize the service of a man employed with the Tamilnadu Department of School Education and extend the monetary benefits within eight weeks. 

The counsel for the man informed the court that his service was regularized by the respondents only on March 19, 2021, and monetary benefits were not paid as per the observation of the high court. 

The allegations were opposed by the counsel for the respondent parties who argued that against the order of 2012, an appeal was moved which got dismissed only on August 5, 2019, and thereafter, in 2021, the man's service was regularized and immediately monetary benefits were settled on par with similarly situated persons w.e.f. June 30, 2006. 

However, the high court observed that the respondents had failed to comply with the high court's order in true letter and spirit. Court noted that there had been significant stalling in following the court's directions and though in 2021, the petitioner's service was regularized from April 1, 1979, the monetary benefits were restricted from the date of his retirement.

Further, court stressed that it was only after issuance of the statutory notice, the respondents had complied with the order in toto.

Therefore, court held the IAS officer, who had served as Principal Secretary to Tamil Nadu Government, School Education Department from 2017 to 2020, guilty of failing in implementing the order of the court.

Along with him, court held the Director of Teacher Education Research and Training Education and the Principal District Institute of Education and Training Munanjipatti, Tirunelveli District guilty of contempt of court as well.

Case Title: P.Gnana Pragasam Vs. Pradeep Yadav, I.A.S and Others