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A Supreme Court bench of Justices Nageshwar Rao and Gavai today let off Tamil Nadu bureaucrats with a warning in a contempt petition. These bureaucrats were held guilty of contempt of court in October 2021 for not following the court’s order with respect to preparing the seniority list.

The court had in October held that “we find that the seniority list, which is purportedly published in accordance with the order of this Court, is totally in breach of the directions of this Court. A first glance at the list would reveal that various selectees, who have received much less marks, are placed above the selectees who have received higher marks”.

When the hearing for the matter commenced, Prashant Bhushan, advocate, submitted that the conduct of the contemnors in not obeying the repeated directions of this court is wilful and no lenience should be shown to them. He further submitted that the petitioners had to knock the doors of the court for 6 years seeking implementation of the order which was passed in 2016. It was argued that in spite of the directions issued by the court, the contemnors did not implement the directions for ulterior purposes. He sough the court to imprison the contemnors for 1 month.

Senior Counsels Mukul Rohatgi, Giri and C.S.Vaidyanathan argued that the contmnors are public servants bound to implements policies of the State. During the pendency of the litigation there was a legislation and decision was taken to file a review against the judgement of Madras High Court. It was argued that there is no personal interest not to implement the directions of this court. It was further submitted that they have tendered unconditional apology and should therefore be pardoned.

The court also heard the contemnors personally, however Justice Nageshwar Rao orally noted that they were not very satisfied with the explanation offered by them.

The court noted that the contemnors were committed for contempt in October 2021 after a detailed deliberation. Though the direction given on 1st October 2021 has been carried out in its letter and spirit, the court noted that they do not appreciate their attitude. The court noted that the petitioners have been driven from pillar to post and approached this court by filing repeatedly for . The court finally held that “We warn the contemnors to be careful in future and implement any direction in the court of law without any delay. With this warning the contempts are closed.”

The court had in 2016 directed the Tamil Nadu Public Service Commission (TNPSC) to revise and publish the seniority list of the selectees, who were selected in the selection process conducted in pursuance of the notification issued by the Commission dated September 10, 1999, according to which the list of seniority is to be prepared based on the merit list of selection and not based on the roster. The PWD employees had initiated of contempt proceedings against the alleged contemnors for wilfully disobeying the order passed by this Court dated January 22, 2016.

Case title: V.Senthur Vs M.Vijaykumar, IAS, Secretary TNPSC