Madras High Court directs personal appearance of TN Home Secretary, DGP in contempt proceedings

The case is related to a habeas corpus petition filed before the Madurai Bench of the Madras High Court, alleging that no proper information was furnished to the Additional Public Prosecutor.
Madras High Court
Madras High Court
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CHENNAI: In a contempt of court case, the Madras High Court has directed the Tamil Nadu Home Secretary and the State Director General of Police (DGP) to appear in person on January 12.

The case is related to a habeas corpus petition filed before the Madurai Bench of the Madras High Court, alleging that no proper information was furnished to the Additional Public Prosecutor.

Based on this, charges were framed against A Chandrasekaran, who had served as an Inspector at the Suthamalli Police Station in Tirunelveli district in 2014.

Following a departmental inquiry, the Tirunelveli Range Deputy Inspector General of Police (DIG) imposed a punishment of stoppage of two annual increments.

Challenging this, Chandrasekaran preferred an appeal, in which the DGP ultimately reduced the punishment to a stoppage of increment for six months.

Contending that the punishment was imposed without considering a letter sent by the Government Advocate stating that the Inspector had, in fact, furnished the required information properly, Chandrasekaran filed a petition before the Madras High Court.

After hearing the matter, the High Court, in April this year, set aside the punishment order and also directed that Chandrasekaran's name be included in the promotion panel for the year 2016.

Alleging that no steps had been taken to implement this order, Chandrasekaran filed a contempt of court petition, which came up for hearing before Justice PT Asha.

The counsel for the petitioner submitted that the applications sent along with a copy of the High Court's order, seeking inclusion of his name in the promotion panel, had not been considered.

Taking note of this, the Court observed that no action had been taken so far to implement the order passed in April, nor had any appeal been filed against the order or any stay obtained.

Holding that this amounted to contempt of court, the judge directed the Home Secretary, Dheeraj Kumar and the DGP, G Venkataraman, to appear in person on January 12.

The Judge also clarified that if, in the meantime, the order is implemented or an appeal is filed, and a stay is obtained, their personal appearance would not be necessary.

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