Madras HC pulls up TN government over non-compliance of its 2016 order

The Madras High Court has deprecated non-compliance by the Tamil Nadu Home Ministry officials of a 2016 order directing them to file a counter affidavit within two weeks on a petition related to promotion of police sub-inspectors.

Justice S Vaidyanathan on Thursday warned that the Home Secretary would have to pay a fine of Rs 25,000 and appear before it if the counter was not filed before September 27.

Taking exception to the indifference of the officials who were asked to file the counter within two weeks on October 6, 2016, he said almost two years had elapsed and the respondents were seeking time again and again.

“Having admitted that they failed to take steps to file the counter so as to assist the learned special government pleader in disposal of the case, the officials are only interested in getting adjournments and are not interested in filing the counter.

“If the counter is not filed on or before September 27, Rs 25,000 will be recovered from the personal account of the home secretary for donating to Kerala floods relief fund apart from ordering his personal appearance,” the judge said in his order. He also said if the home secretary was not informed about the pendency of the petition and the earlier orders, it was open for him to take disciplinary action against the “errant subordinates”.

The home secretary was expected to inform all his subordinates dealing with litigations involving the department that they should immediately bring to the attention of their superiors about pendency of cases and ensure counters were filed within the specified time, the court said.

It suggested that a separate website or e-mail shall be created in respect of each government department for this purpose so that the officials concerned can upload the particulars of cases.