SEKAR REPORTER

Court News from Madras High Court

[6/28, 20:11] sekarreporter1: https://twitter.com/sekarreporter1/status/1674065451788247044?t=RM9MfNKlf5yoambMXetJYQ&s=08 [6/28, 20:11] sekarreporter1: Hon Justice BATTU DEVANAND.,J outstanding order … full.order ofContempt Petition Nos.787 & 788 of 2021 BATTU DEVANAND.,J This Contempt Petition is filed complaining willful disobedience of the respondents in implementing the order dated 28.09.2020 in W.P.No.11887 of 2020. 2. This Court disposed of the said writ petition on the basis of the statements made by the respondents in the counter affidavit.

by · Published · Updated

[6/28, 20:15] sekarreporter1: [6/28, 20:11] sekarreporter1: https://twitter.com/sekarreporter1/status/1674065451788247044?t=RM9MfNKlf5yoambMXetJYQ&s=08
[6/28, 20:11] sekarreporter1: Hon Justice BATTU DEVANAND.,J outstanding order …

This Contempt Petition is filed complaining willful disobedience of the respondents in implementing the order dated 28.09.2020 in W.P.No.11887 of 2020.
[6/28, 20:15] sekarreporter1: He passed two orders
Outstanding
[6/28, 20:15] sekarreporter1: Jail for thasildhar
[6/28, 20:15] sekarreporter1: The second respondent who is present before this Court shall surrender before the Judicial Registrar of this High Court forthwith. On such surrender, the Judicial Registrar of Madras High Court shall take further steps, as per the procedure.

the second respondent made attempts by making false statement through his counsel on 12.08.2022 in this contempt case proceedings, stating that the salary has been paid to the petitioner and to settle the arrears, he sought time which is false, as per the facts noted by the Court in this order. Making false statement across the Bench and filing false affidavit on oath before the Court amounts to criminal contempt. Accordingly, I direct the Registry to register a criminal contempt case against the second respondent and place it before the concerned Court having the portfolio to deal with the criminal contempt cases.

Contempt Petition Nos.787 & 788 of 2021
BATTU DEVANAND.,J
This Contempt Petition is filed complaining willful disobedience of the respondents in implementing the order dated 28.09.2020 in W.P.No.11887 of 2020.
2. This Court disposed of the said writ petition on the basis of the statements made by the respondents in the counter affidavit.
3. In the counter affidavit filed by the respondents in
W.P.No.11887 of 2020, it is averred as extracted hereunder:
“5.It is submitted that after appointment of the petitioner
herein, it was ascertained that the petitioner was not selected by the Selection Committee but the former District Adi Dravidar Welfare Officer, Salem District managed to issue appointment order to the petitioner and hence his salary was not disbursed from 01.12.2017. However, on the request made by the petitioner to the District Collector, Salem, the petitioner was issued with salary for the months of July 2018, August 2018.
6. It is submitted that the entire issue was brought to the knowledge
of the Commissioner of Adi Dravidar and Tribal Welfare, Chennai and sought for instructions as to further action to be taken in this issue. The Commissioner of Adi Dravidar and Tribal Welfare, Chennai in his Lr.No.Na.Ka.Tha.2/14964/2020 dated 18.08.2020 clarified that since the petitioner was not terminated from service and the appointing authority for the post of Cook is only the District Adi Dravidar and Tribal Welfare Officer, he can conclude the issue. It is submitted that on the basis of the instruction issued by the Commissioner of Adi Dravidar and Tribal Welfare, Chennai, the 1st respondent herein in her Lr.No.Na.Ka.13674/D4 dated 18.09.2020 directed the 2nd respondent to disburse the salary due to the petitioner immediately.”
4. In view of the specific stand of the respondents, in their counter, wherein, it is stated that as per the instructions of the Commissioner of Adidravidar and Tribal Welfare, Chennai, the first respondent in her letter No.Na.Ka.13674/D4 dated 18.09.2020 directed the second respondent to disburse the salary due to the petitioner immediately, the Court disposed of the writ petition placing the said averments in the counter on record.
5. Learned counsel for the petitioner in the contempt case submits that though, the writ petition is disposed of on 28.09.2020, based on the statement of the respondents, till date, salary is not paid to the petitioner.
6. In this contempt case, even after service of notice, the respondents did not chose to file their counter affidavit. In fact, on 29.07.2021, one Mr.S.John Raja Singh, learned counsel for the Government, took notice on behalf of the respondents. But counter is not filed thereafter.
7. On 15.07.2022, this case is adjourned at the request of the Government Advocate for two weeks to report compliance and it is made clear that failing which, statutory notice will be issued. Again on 29.07.2022, the learned Government Advocate sought further two weeks time for reporting compliance and accordingly, adjourned to 12.08.2022.
8. On 12.08.2022, the second respondent is present before the Court. On instructions, the learned Additional Advocate General appearing for the respondents submitted that pursuant to the order dated 28.09.2022 in W.P.No.11887 of 2022, the salary has been paid to the petitioner and he sought three weeks time to settle the arrears of salary to the petitioner. Accordingly, the case is adjourned for three weeks for filing compliance report.
9. As order is not complied with, this Court issued statutory notice to the respondents on 02.09.2022. Thereafter, this case disappeared without listing till 19.04.2023. On 19.04.2023, there is no representation for the respondents. Mr.Nanmaran, learned Special Government Pleader requested the Court to take up the matter on the next day to enable him to inform about this case to the concerned counsel. Accordingly, this case is posted to 28.04.2023. On 28.04.2023, the learned Special Government Pleader appearing for the respondents submit that the counter has been filed on behalf of the respondents raising several grounds to reject the claim of the petitioner. Though, the Special Government Pleader saying a counter is filed on behalf of the respondents, on verification, it is found that no counter affidavit has been filed.
10. Considering the facts and circumstances of the case, the case is adjourned to 27.06.2023 to file compliance report and it is made it clear that failing which, the second respondent shall appear before this Court on 27.06.2023. On 27.06.2023, the second respondent present before this Court and sought time to file an affidavit. Accordingly, this case is taken up today and the second respondent filed his affidavit.
11. On perusal of the same, it is clear that the second respondent was holding the post of Special Tahsildar (Adi Dravidar Welfare), at the relevant point of time, when the order passed by this Court, in W.P.No.11887 of 2020. Thereafter, he was transferred to different place by order dated 28.08.2021. So, it is clear that the second respondent worked in the post of Special Tahsildar (Adi Dravidar Welfare, Salem) for nearly one year, after the order dated 28.09.2020 passed by this Court in
W.P.No.11887 of 2020. In the said affidavit, it is also stated by the second respondent that he is unable to pay the salary since they are legal implication. It is further stated by the second respondent that the District Adi Dravidar Tribal Welfare Officer, Salem vide proceedings
Na.Ka.No.12047/2019/D4 dated 08.05.2023, recommended to the Director,
Director of Adi Dravidar Welfare, Chennai referring to the orders of this Court and to grant permission, to disburse the salary and arrears of salary to the petitioner as directed by the Court. He further stated that in view of the same, orders are awaited from the Director, Director of Adi Dravidar Welfare and immediately when the permission is granted, the same would be disbursed to the petitioner immediately.
12. Learned counsel for the petitioner submitted that till today, single penny is not paid to the petitioner towards salary from 01.01.2018. Learned counsel for the petitioner further contended that the respondents made false statements before this Court in this contempt case, stating that already they paid salary and they have to pay some arrears only and sought time to pay that arrears, though they did not paid any single penny.
13. Mr.S.Silambanan, learned Senior Counsel who is appearing on behalf of the respondents submits that the respondents have to pay the salary to the petitioner as per the order of this Court dated 28.09.2020, but it is not paid till now and if some time is granted, he will advice the respondents to pay the entire salary due to the petitioner till date in compliance of the order dated 28.09.2020 of this Court.
14. Having heard the respective counsels appearing on either side and upon careful examination of the entire material available on record, including the proceeding sheet of this Court in this contempt case, this Court intends to take very serious view against the respondents on two grounds.
1.Not implementing the order of the Court dated 28.09.2020 by
paying the salary to the petitioner till date.
2.For making false statements before the Court, to drag on the proceedings in this contempt case.
15. It is an admitted fact that this Court by order dated 28.09.2020 disposed of the W.P.No.11887 of 2020, recording the averments made in the counter affidavit filed by the respondents in the said writ petition.
16. In the said writ petition, the relevant averments is extracted hereunder:
It is submitted that on the basis of the instructions issued by the Commissioner of Adi Dravidar and Tribal Welfare, Chennai, the first respondent herein in her letter No.Na.Ka.13674/D4 dated 18.09.2020 directed the second respondent to disburse the salary due to the petitioner immediately.
17. On careful perusal of the averments of the counter affidavit filed by the respondents, as extracted herein above, it is clear that as per the instructions of the Commissioner of Adi Dravidar and Tribal Welfare, Chennai, the first respondent by proceedings dated 18.09.2020, directed the second respondent to disburse the salary to the petitioner immediately. From the date of that order, the second respondent worked in the post of Special Tasildar (ADW, Attur and Omalur, Salem District for nearly one year. It appears that he did not move his little finger to implement the order of the Court for one year. Though, he transferred from that place to another place, after one year, he would not escape from the liability to implement the order of the Court, as per the statement made by them, before the Court. Now, in the affidavit filed by the respondent on 27.06.2023, he contended that he is waiting for the permission from his Higher authorities to disburse the salary and arrears to the petitioner. This Court is unable to accept the contention of the second respondent.
18. In view of the fact that already on 18.09.2020, the District Adi Dravidar, Welfare Officer, Salem District vide his proceedings in letterNo. Na.Ka.13674/D4 dated 18.09.2020 directed the second respondent to disburse the salary to the petitioner immediately, the contention of respondent No.2 that he is waiting for permission from the same officer to disburse the salary and arrears, is untenable and he is making all these attempts only to delay and to drag on the payment to the petitioner and to avoid compliance of the order of the Court and to escape from the contempt proceedings.

19. This Court will not accept such mischievous attempts being made by the second respondent to defeat the order of the Court.
20. The petitioner is working as Cook. There is no dispute from the respondents side about the functioning of the petitioner as Cook. Any person, doing any Government job or a private job or any other profession, they will do only for salary. They have to survive by the income they are getting by doing that job. They have to feed their family members. They have to attend all necessities towards medical expenses and educational expenses for children and for maintenance of the family. Without income, it is not possible to any person to maintain his family and to attend day to day needs. The respondents, by forcing the petitioner to survive without any salary from the month of October 2018 will definitely cause irreparable loss and hardship to the petitioner and his family members, which will affect their right to life with dignity, which is accepted under the settled law.
21. As such, in my considered opinion, not paying salary for the petitioner, from the year 2018 and even after order dated 28.09.2020 in W.P.No.118872 till date his illegal, unjust, irrational and violative of Article 21 of the Constitution of India.
22. As such, for the above mentioned reasons, in my considered opinion, the respondent has committed willful disobedience of the order passed by this Court and as such, he is liable for punishment under the provisions of the contempt of Courts Act.
23. In the affidavit filed on 28.06.2023 by the second respondent, he tendered unconditional apology. But, I am of the considered opinion that the second respondent, is not entitled for any indulgence from the Court and his apology is to be rejected, as in my view, it is not bonafide, in the light of the facts and circumstances of the case.
24. Accordingly, the second respondent is sentenced to undergo simple imprisonment for six months with a fine of Rs.2,000/- on failure, to pay the fine, he shall undergo simple imprisonment for one month.
25. The second respondent who is present before this Court shall surrender before the Judicial Registrar of this High Court forthwith. On such surrender, the Judicial Registrar of Madras High Court shall take further steps, as per the procedure.
26. As mentioned above, the second respondent made attempts by making false statement through his counsel on 12.08.2022 in this contempt case proceedings, stating that the salary has been paid to the petitioner and to settle the arrears, he sought time which is false, as per the facts noted by the Court in this order. Making false statement across the Bench and filing false affidavit on oath before the Court amounts to criminal contempt. Accordingly, I direct the Registry to register a criminal contempt case against the second respondent and place it before the concerned Court having the portfolio to deal with the criminal contempt cases.
28.06.2023
AT
BATTU DEVANAND.,J
AT
Contempt Petition Nos.787 & 788 of 2021
28.06.2023

You may also like...