Supreme Court Holds 9 Tamil Nadu Govt Officers Guilty Of Contempt Of Court For Not Implementing Orders

Supreme Court Holds 9 Tamil Nadu Govt Officers Guilty Of Contempt Of Court For Not Implementing Orders

LIVELAW NEWS NETWORK

1 Oct 2021 7:30 PM

The Supreme Court on Friday held 9 officers of the Tamil Nadu Government guilty of contempt of court for not implementing a direction to revise the seniority list of officers in the Public Works Department.

A bench comprising Justices L Nageswara Rao and BR Gavai held that the officers have committed civil contempt of court for not following the order passed by the Supreme Court on January 22, 2016.

The following are the officers who the Court held as contemnors (their designations at the relevant time given in brackets) :

1. M. Vijayakumar IAS (Secretary, Tamil Nadu Public Service Commission).

2. S. Thinakaran( Engineer-in-Chief, WRD and Chief Engineer (General), TN PWD)

3. S. Swara IAS (Secretary to the Government of Tamil Nadu, P & AR Dept)

4. K. Ramamoorthy (Engineer-in-Chief(WRO) and Chief Engineer(General), TN PWD).

Also Read - The Medical Termination of Pregnancy (Amendment) Act, 2021- Progressive But Not Far Enough

5.K. Nanthakumar IAS (Secretary, TNPSC).

6. K. Shanmugham (Chief Secretary to the Govt of Tamil Nadu).

7. Dr. K. Manivasan IAS(Principal Secretary to Govt of TN).

8. S.K Prabhakar (Secretary, PWD).

9. S. Bhaktavachalam.

In the order dated January 16, 2016, the Supreme Court, while dismissing the Government's special leave petition against a judgment of the Madras High Court, held that seniority list should be drawn on the basis of merit list of selection and not on the basis of roster point.

The contempt petitions were filed stating that the respondents published a revised seniority list breaching the principle laid down by the Supreme Court.

The respondents argued that the judgment of the High Court had no general application and was confined to individual cases. It was also argued that the doctrine of merger is not applicable to an order dismissing Special Leave Petition, and hence contempt, if any, should be agitated before the High Court and not the Supreme Court.

The bench rejected the arguments of the contemnors. It noted that the High Court had specifically declared that the judgment was not confined to individual cases. Also, the bench stated that a principle of law declared in an order dismissing a special leave petition is binding on the parties, even though the doctrine of merger is not applicable to it. In this connection, the bench referred to the precedent in Kunhayammed and Others v. State of Kerala and Another (2000) 6 SCC 359.

"In that view of the matter, the respondents were bound to follow the law laid down by this Court and determine the inter se seniority on the basis of selection by TNPSC and not on the basis of roster point", the bench noted in the order.

The Court directed the respondents to revise and publish the seniority list of the selectees, who were selected in the selection process conducted in pursuance of the notification issued by TNPSC dated 10th September 1999, strictly on the basis of the merit determined by it in the selection process and not on the basis of the roster point.This was directed to be done within a period of 12 weeks.

The Court posted the matter to January 10, 2022 for hearing the contemnors on the quantum of punishment. They were asked to be present before the Court on that day for the hearing.

Case Title : V. Senthur and another versus M. Vijayakumar IAS and others |Contempt Petition(Civil) 638/2017

Coram : Justices L Nageswara Rao and BR Gavai

Appearances : Advocate Prashant Bhushan (for petitioners); Senior Advocate CS Vaidyanathan(for TNSPC), Senior Advocates Mukul Rohatgi, V Giri and P Wilson(for respondents)

Citation : LL 2021 SC 526

Click here to read/download the judgment

Clear all patta applications in two weeks: HC

Clear all patta applications in two weeks: HC

Madurai:01.10.2021

Noting that more than six lakh patta transfer applications are pending despite earlier directions issued by it, the Madras high court has directed the state government to dispose of the pending applications within two weeks.

While disposing of a batch of petitions in October 2020, Justice D Krishnakumar took serious note of the pendency of lakhs of patta transfer applications and directed the state to dispose them before March 2021. Recently, when the case was listed before the court for reporting compliance, the commissioner of land administration and the director of survey and settlement submitted status reports that revealed 6,13,218 were pending as of September 1. TNN

Ex-min will not appear before DVAC

Ex-min will not appear before DVAC

TIMES NEWS NETWORK

Chennai:01.10.2021

Former Tamil Nadu transport minister and AIADMK leader M R Vijayabaskar will not appear before the Directorate of Vigilance and Anti-Corruption in connection with a disproportionate assets case, DVAC sources said.

"Vijayabaskar has sought time till the completion of the local body polls," a source said. Vijayabaskar is an accused in the disproportionate assets case registered by the DVAC. The DVAC had summoned him to appear in its Chennai office on Thursday. A case was registered against him July 21 for disporportionate assets to the tune of ₹2.68 crore. Also, he had allegedly bought ₹8 crore properties in the names of his family members.

Your ride is here! Chennai turns to carpooling to save a few rupees

Your ride is here! Chennai turns to carpooling to save a few rupees

After A Covid Lull, Leading Carpooling Apps Report A Surge In Users As Offices Reopen

Ram.Sundaram@timesgroup.com

01.10.2021

As people return to workplaces, car pooling, which turned non-existent during the lockdown, is once again rising to prominence. More than four lakh people in the city are subscribed to various carpooling apps, revealed data from top private companies in this sector.

Pre-Covid, major apps got around 15,000 bookings a day. But their service came to an abrupt halt during the lockdown. While the government began relaxing curbs, trains and buses were off the tracks and roads for a long time. Meanwhile, cab-aggregators like Ola and Uber too suspended ride-sharing options. So, office-goers who could not afford to take a cab solo or buy vehicles turned to carpooling.

With few buses, no trains and unregulated auto rickshaw services, Old Mahabalipuram Road (OMR) has emerged the most popular route for carpooling in Chennai. Other top areas include Guindy, Ashok Nagar, Kodambakkam and Adyar. In the suburbs, such apps are mostly used by people travelling to Ambattur and Perambur.

“With more IT companies opening up now, we expect the numbers to go up in the coming days,” said K N M Rao, founder and CEO of Quick Ride, a leading carpooling app.

These apps are very user-friendly. Any user who owns a car can offer a ride from point A to B. Other users in the vicinity get a notification and can accept the ride offer in case they too are travelling on the same route. At the end of the trip, the app generates the rate based on distance travelled.

“Carpooling definitely helps in reducing traffic congestion, pollution levels and helps save on fuel cost,” said J Sivasubramaniam from Institute of Transportation and Development Policy (ITDP).

A back-ofthe-envelope calculation shows that a car owner can save at least ₹50,000 every year should they opt for carpooling.

Besides mobile apps, there are hundreds of social media pages and WhatsApp groups where users regularly post messages on ride offers and seat availability. Most posts are put up the previous evening so interested people can confirm bookings at the earliest. Over a period of time, trends show that commuters choose the same set of co-riders with whom they feel comfortable and safe, say carpooling operators.

Naveen Pandiarajan, a Renault Nissan employee, is a part of a WhastApp group named ‘RN Carpool’. This group has been helping him and his friends, residing in and around Perumbakkam and Sembakkam, travel to their offices for nearly two years.

“We take turns driving our cars so there is no fatigue. By carpooling, we end up saving at least ₹2,000 every month,” said Naveen.

PTR faces minor hassle at airport

PTR faces minor hassle at airport

TIMES NEWS NETWORK

Chennai:91.10.2021

Tamil Nadu finance minister PTR Palanivel Thiaga Rajan faced a minor hassle at the domestic terminal of the city airport after a CISF personnel asked him about the two laptops in his cabin bag at the security check on Thursday. The minister was to board an early morning flight from Chennai to Tuticorin.

The CISF personnel who was manning the baggage scanners raised a question about the two laptops in the bag that was placed for screening. The security personnel usually insist that all gadgets are taken out and kept in separate trays for scanning.

However, his questions gave the impression that he was insisting that two gadgets should not be in the bag. This led to a flutter and senior officers intervened to resolve the issue.

An official of Airports Authority of India (AAI) said that this was a case of miscommunication as the CISF personnel wanted the minister to place the laptops and a tablet on separate trays.

“There is no rule saying that more than one laptop cannot be carried in flight. The security personnel raised a question because the gadgets were not taken out. Officials who were nearby intervened and solved the issue. The minister boarded the flight on time," he added.

Job scam: CMDA likely to terminate 18 employees

Job scam: CMDA likely to terminate 18 employees

Yogesh.Kabirdoss@timesgroup.com

Chennai:

The Chennai Metropolitan Development Authority (CMDA) has decided to terminate the services of at least 18 employees who were illegally recruited and issued appointment orders just a day before the model code of conduct for TN assembly polls kicked in on February 25. The candidates did not possess either the required educational qualification or the age criterion prescribed in the notification.

Sources told TOI that notices calling upon the employees to explain why their services should not be terminated were served to them on Monday. They have been given 15 days to reply to the notice.

A chief planner of the agency who played a key role in the recruitment drive and was in charge of the administration at that time, and another administrative officer who was part of the (recruitment) drive have been charge sheeted by the CMDA for irregularities. “The two officials overlooked prescribed qualifications in appointing the 18 candidates,” a senior CMDA official told TOI.

Sixty-thousand applications were received by the CMDA for 131 junior assistant, steno-typist grade III, typist, field man and messenger job vacancies. Of the selected employees, 18 who were absorbed for Grade IV and III level postings were found ineligible even to apply for the posts.

Despite 30-yr age cap, 39-year-old was hired

Yet, they were appointed by the previous AIADMK government just a day before the commencement of the poll code. Though the employment notification mentioned 30 years as upper age limit, one person aged 39 years was recruited. Another candidate, selected as junior assistant, did not possess a degree at the time of appointment though a degree was the mandatory educational qualification for the post. A written test was conducted for positions of junior assistant, steno-typist grade III and typist, followed by physical interviews for 275 candidates who were shortlisted from out of the 44,000 applicants. About 16,000 individuals applied for 53 vacant field man and messenger posts for which interviews alone were conducted.

Children punished for arriving late to school

Perambalur: Video of students being caned goes viral, inquiry on

Children punished for arriving late to school

Published: 02nd October 2021 05:28 AM |

Screengrab of video showing headmistress Vandarkuzhali hitting students in Perambalur

By P Thiruselvam

Express News Service

PERAMBALUR: The headmistress of a government higher secondary school in Kunnam taluk has drawn the ire of many following a recent video of her beating up students for arriving late to the institution going viral. The Chief Educational Officer (CEO) has ordered an inquiry into the matter.

On Thursday morning, over 20 students, including girls, of the school in S Adudurai village turned up late for classes reportedly due to delay by government buses. Seeing this, headmistress Vandarkuzhali lined up the students and beat them up with a cane. Unable to bear the pain, some girl students are seen frowning and sobbing in a video that recorded the incident.

Following a few students informing their parents of the incident after returning home in the evening, complaints were placed with the district CEO, R Arivazhagan. Subsequently, the CEO directed Veppur District Educational Officer Kulanthairajan to hold an enquiry into the matter and to submit a report. Vandarkuzhali, teachers, students and parents are being questioned.

Authorities are also probing the matter of students having purportedly shot the viral video when they are not allowed to bring phones to school. Most of our children travel to school by government buses. These buses are late to our village. In this situation, the students were late to school as the buses were late. How can the headmistress beat them? This is against government rules. The girls were also beaten up. The district administration should take stern action against the headmistress, irate parents of the affected students said.

Mentioning that the students would have arrived earlier had they been informed kindly, the parents added such incidents only make them lose confidence in government schools, where enrolment is already low.

CEO Arivazhagan said, “I cannot take action because she is the headmistress. I learned about this and have been investigating. It has been revealed there is already another charge against her. After the final hearing, I will submit a report on the two incidents to the Joint Director of School Education. They will take action.”