State slammed for poor implementation of court orders

Though the government is expected to act like a fair litigant, the present trend showed otherwise, said a division bench comprising Justice S Manikumar and Justice Subramonium Prasad. “It is so because no cash goes from the pocket of the officer who has to implement the orders of the court, and it is the mindset of the officer that, at the end of the day, an apology tendered by him, which is a mere ipse dixit, would get away from his act. This approach and attitude are not appreciated,” it said.

The division bench made this observation while passing orders on a contempt plea alleging wilful disobedience by Nandakumar, secretary and Controller of Examinations, Tamil Nadu Public Service Commission (TNPSC), in failing to appoint one M Silamparasan as Executive Officer Grade-III in HR&CE Subordinate Service despite the High Court issuing orders in this regard on January 23.

Observing that it could be deduced from the material on record that despite receipt of contempt notice on March 25, Nandakumar has not even responded to the notice and sent any reply to the writ petitioner, the bench said, “Four months have lapsed since the order was given but Nandakumar’s affidavit does not indicate as to what steps were taken, while the materials discloses that at every stage the petitioner has to seek remedy by approaching the court.”

Holding that the oral submissions made by the counsel representing the TNPSC and TNPSC secretary and the reasons assigned in the affidavit were not satisfactory, the bench said, “On the facts and circumstances of the case and taking note of the submission of TNPSC’s counsel that an opportunity be given, reiterating what we have observed above, we further add that orders of this Court, have to be implemented in letter and spirit, in all promptitude.” It then directed the secretary to issue an order of appointment to the petitioner forthwith and closed the contempt petition.