Friday, February 22, 2019

Court summons Governor’s Secretary in contempt case

CHENNAI, FEBRUARY 22, 2019 00:00 IST


Asks why employee was not reinstated despite orders

The Madras High Court has issued a statutory notice to Governor’s Secretary R. Rajagopal on a contempt of court petition. The notice requires his presence in the court next month to explain why a Raj Bhavan employee, forcibly relieved from service in 1996, was not reinstated despite a series of orders passed by the court since 2009.

Incumbent officer

A Division Bench of Justices S. Manikumar and M. Venugopal passed the order on the contempt petition filed by the employee S. Nagaraj in 2014. Though the petition was filed against Ramesh Chand Meena, the then Secretary to Governor, the judges impleaded the incumbent officer since he was well aware of the court orders on the issue.

The contemnor was directed to be present in the court with the relevant files relating to the case and explain why the judicial orders were not implemented.

The issue dates back to 1988 when Mr. Nagaraj, then a Stenotypist with the Animal Husbandry Department got appointed through transfer, as an Assistant in the Governor’s secretariat.

In November 1996, he was relieved from service on the ground that he was only on deputation and directed to report back to the Director of Animal Husbandry. The petitioner challenged the relieving order before the erstwhile Tamil Nadu Administrative Tribunal in 1997 and his case got transferred to the High Court in 2008 after the tribunal was wound up.

A single judge of the High Court allowed the writ petition on September 30, 2009 and quashed the relieving order.

Subsequently, on April 18, 2012, a Division Bench of the High Court too dismissed a writ appeal preferred by the Governor’s secretariat. A special leave petition before the Supreme Court also got dismissed on October 25, 2013.

Final deadline ignored

In 2014, the official respondents filed a review petition before the High Court and the petitioner moved a contempt of court petition. The Division Bench of Justices Manikumar and Venugopal dismissed the review petition in October 2015 and kept the contempt proceedings pending with a direction to reinstate the petitioner within two weeks.

Though more than three years had passed since the order was passed, it was reported to the court that the petitioner was yet to be reinstated. Hence, they chose to issue a statutory notice, which requires the presence of a contemnor, to Mr. Rajagopal as it was not disputed that he was aware of the orders passed by the court on the present issue.

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