Implement Orders in Letter and Spirit: HC

CHENNAI: The Madras High Court directed the TN Chief Secretary to issue circulars to all the department heads, directing them to implement the orders of the High Court in their letter and spirit.

The First Bench of Chief Justice SK Kaul and Justice M Sathyanarayanan gave the direction while disposing of a PIL from KK Ramesh, managing trustee of TN centre for PILs, Madurai, on Wednesday.

The PIL prayed for a direction to the Chief Secretary to give importance for court orders and initiate departmental action against officials not obeying them.

The Bench noted that the data given on the number of contempt petitions filed each year is a reflection of the trend of not obeying court orders. If a government authority is aggrieved by an order, no doubt, it has a remedy to challenge the same in accordance with law within the time prescribed.

What is of matter of concern is that neither the order is implemented nor assailed and it is only on the filing of the contempt petition, the officials move with appeals. There appears to be no system of accountability for officers who fail to implement the orders or take recourse to appeal. “We are of the view that it is in the fitness of things the Chief Secretary is called upon to examine this problem and issue circulars to all Departments asking them to implement the court orders and if aggrieved to assail the same within the time limit prescribed.

The violation of this direction should invite administrative/disciplinary action. Appropriate circulars should be issued within one month to make officials accountable in this behalf,’’ the Bench said.

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