HC stays order of simple imprisonment for IAS officer
MARCH 14, 2019 00:00 IST
A single bench had sentenced former Madurai Corporation Commissioner
The Madurai Bench of the Madras High Court on Wednesday stayed a single bench order that sentenced IAS officer S. Aneesh Sekhar, former Madurai Corporation Commissioner, to undergo simple imprisonment for one week for disobeying the court’s orders.
A Division Bench of Justices P. N. Prakash and B. Pugalendhi, which heard the appeal preferred by Mr. Aneesh Sekhar, granted a stay against the single judge order that sentenced him to undergo simple imprisonment and imposed a fine of Rs. 5,000.
In his appeal, Mr. Aneesh Sekhar, now working as Executive Director, Tamil Nadu Industrial Development Corporation, said that his intention was not to disobey the court.
He said that a Division Bench had modified the single bench order and the Corporation ought to have followed this order.
He said that a government order was issued in 2010 to promote Tax Collectors eligible for promotion to the post of Assistant by relaxing the condition that insisted on experience as Junior Assistant for two years.
The government also clarified that a seniority list be prepared to the cadre of Assistant by taking into account those who joined service prior to 1996.
When this clarification was challenged by one Ahamed Ibrahim, the single bench dismissed the petition and ordered the promotion of private respondents, including J. Vijayakumar, who had filed the contempt petition.
However, a Division Bench, hearing the appeal of Ahamed Ibrahim, gave specific orders that though a special benefit was extended to Tax Collectors to be integrated to the post of Assistant, this would not mean that they were entitled to supersede those already appointed to the post.
Taking into account that he was promoted to Junior Assistant in 2009 and Assistant in 2013, the court, in 2018, directed that the seniority list be redrawn and allowed him to be placed above J. Vijayakumar. Following the orders of the court, Ahamed Ibrahim was placed above J. Vijayakumar in the list and a seniority list was prepared.
Moreover, the contempt petitioner J. Vijayakumar had already retired from service, he said.
MARCH 14, 2019 00:00 IST
A single bench had sentenced former Madurai Corporation Commissioner
The Madurai Bench of the Madras High Court on Wednesday stayed a single bench order that sentenced IAS officer S. Aneesh Sekhar, former Madurai Corporation Commissioner, to undergo simple imprisonment for one week for disobeying the court’s orders.
A Division Bench of Justices P. N. Prakash and B. Pugalendhi, which heard the appeal preferred by Mr. Aneesh Sekhar, granted a stay against the single judge order that sentenced him to undergo simple imprisonment and imposed a fine of Rs. 5,000.
In his appeal, Mr. Aneesh Sekhar, now working as Executive Director, Tamil Nadu Industrial Development Corporation, said that his intention was not to disobey the court.
He said that a Division Bench had modified the single bench order and the Corporation ought to have followed this order.
He said that a government order was issued in 2010 to promote Tax Collectors eligible for promotion to the post of Assistant by relaxing the condition that insisted on experience as Junior Assistant for two years.
The government also clarified that a seniority list be prepared to the cadre of Assistant by taking into account those who joined service prior to 1996.
When this clarification was challenged by one Ahamed Ibrahim, the single bench dismissed the petition and ordered the promotion of private respondents, including J. Vijayakumar, who had filed the contempt petition.
However, a Division Bench, hearing the appeal of Ahamed Ibrahim, gave specific orders that though a special benefit was extended to Tax Collectors to be integrated to the post of Assistant, this would not mean that they were entitled to supersede those already appointed to the post.
Taking into account that he was promoted to Junior Assistant in 2009 and Assistant in 2013, the court, in 2018, directed that the seniority list be redrawn and allowed him to be placed above J. Vijayakumar. Following the orders of the court, Ahamed Ibrahim was placed above J. Vijayakumar in the list and a seniority list was prepared.
Moreover, the contempt petitioner J. Vijayakumar had already retired from service, he said.
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