Judge vaithiyanathan j order –The inaction of the Officials would amount to dereliction of duty, no devotion to work and the like; An enquiry has to be conducted on a day-to-day basis and the erring Officials should be shown the doors. Initiation of departmental proceedings and initiation of contempt are independent of each other. Departmental proceedings are for not discharging duties and the like, and contempt is for wilful and deliberate disobedience of the order of this Court.

[6/8, 15:43] Sekarreporter1: W.P.No.4654 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.4654 of 2021
C.Parvathi … Petitioner
Vs.
1. The District Collector,
Krishnagiri District.
2. The Tahsildar,
Hosur, Hosur Taluk,
Krishnagiri District.
3. The Labour Commissioner No.1,
Workmen Compensation Commission,
Anna Salai, Teynampet
(DMS Campus), Chennai 600 006.
4. Carrit Moran Company Pvt. Ltd.,
rep. by its Managing Director,
Hira Narayan,
Pattuvarapalli, Hosur Taluk,
Krishnagiri District. … Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Mandamus, directing the Respondents herein to
take appropriate steps for initiating revenue recovery proceedings for the due
realization of the compensation amount awarded for the accident death of the
Petitioner’s daughter Sangeetha, in pursuance of the order passed by the
Labour Commissioner No.1, Chennai in W.C.No.29 of 2005, within a time
frame.
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For Petitioner : Mr.A.Tamilvanan
For Respondents 1 to 3 : Mr.M.Elumalai,
Addl. Government Pleader
O R D E R
Petitioner has come up with this Writ Petition seeking a direction to
the Respondents herein to take appropriate steps for initiating revenue
recovery proceedings for the due realization of the compensation amount
awarded for the accident death of her daughter Sangeetha, in pursuance of the
order passed by the Labour Commissioner No.1, Chennai in W.C.No.29 of
2005.
2. Heard the learned counsel on either side and perused the
material documents available on record.
3. This Court has already held that, powers under Article 215 of the
Constitution of India cannot be abridged by Section 20 of the Contempt of
Courts Act, 1971. Hence, this Court is of the view that, the relief sought for
by the Petitioner cannot be granted. It is open to the Petitioner to initiate
Contempt proceedings, as initiation of contempt is not a bar under Article
215 of the Constitution of India.
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[6/8, 15:43] Sekarreporter1: W.P.No.4654 of 2021
Payment of Gratuity Act, 1972 and the like, for recovery of money, the
District Collector and the Tahsildar cannot keep that communication in a cold
storage. The communication from the Authorities is an order to be obeyed
and complied with and it cannot be treated as a mere information or
intimation.
The Writ Petition stands disposed of accordingly. No costs.
08.04.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
To:
1. The District Collector,
Krishnagiri District.
2. The Tahsildar,
Hosur, Hosur Taluk,
Krishnagiri District.
3. The Labour Commissioner No.1,
Workmen Compensation Commission,
Anna Salai, Teynampet
(DMS Campus),
Chennai 600 006.
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W.P.No.4654 of 2021
4. It is needless to mention that, the Government is empowered to
take departmental action against the District Collector, Krishnagiri including
the subsequent Collector, and the Tahsildar, Krishnagiri District, including
the subsequent Tahsildar, if there is proof of not taking action for recovery
based on the communication of the District Collector, as the order dated
27.03.2006 passed in W.C.No.29 of 2005 has not been implemented.
5. It is made clear that, Charge Memo has to be issued against
those responsible for non-implementing/executing the said order passed in
W.C.No.29 of 2005. The inaction of the Officials would amount to
dereliction of duty, no devotion to work and the like; An enquiry has to be
conducted on a day-to-day basis and the erring Officials should be shown the
doors. Initiation of departmental proceedings and initiation of contempt are
independent of each other. Departmental proceedings are for not discharging
duties and the like, and contempt is for wilful and deliberate disobedience of
the order of this Court.
6. Government must issue a Circular that, once there is an
intimation by the Authorities under the Workmen Compensation Act, 1923,
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