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HC imposes cost of Rs 50,000 on Secy, Municipal Admn

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Press Trust of India Chennai
: Madras High Court has imposed a cost of Rs 50,000 on K Phanindra Reddy, Secretary, Municipal Administration and Water Supply Department for not complying with its orders and dragging a case for nearly a year.

The court, in its recent order, directed him to pay the amount to Tamil Nadu Legal Services Authority here within four weeks.

Justice T Raja, before whom the contempt petition filed by one C Lawrence an employee came up recently, said it was the court's duty to uphold and maintain its dignity.

He said the court should not hestitate to enforce its own order by exercising the power of contempt, whenever there was an instance like the one on hand.
 

Otherwise, not only would the person in whose favour the order, judgment or decree was passed lose confidence in the Court, but also the entire proceedings will be rendered naught and meaningless.

"Consequently, the sanctity of the Court's proceedings would be rendered to mockery and an empty formality," he said.

The petitioner submitted that the litigation with regard to the charge memo issued to him began from 2008.

The Principal Secretary and Commissioner, Corporation of Chennai, did not take any step till 2014. As a result, his promotion was affected

In 2014, he moved court, seeking a direction to the Commissioner, Corporation of Chennai to pass final orders on the pending disciplinary proceedings

The Court in its December 15 2014 order directed the commissioner to pass appropriate orders on merits.

As the charges were not proved, the Commissioner had recommended that the Government drop disciplinary proceedings pending against him. However Reddy did not do so, he said

Lawrence again moved court in 2016, seeking to quash the charge memo. The Court on March 11 2016 again directed Reddy to pass appropriate orders in accordance with law.

The petitioner submitted there was no response to this order too, following which he sent a representation to comply with it

The litigation continued till 2017 and the matter was adjourned for several times by High Court.

Justice Raja noted that the officer had at last appeared in court after the matter was adjourned several times and contempt notice was issued for having wasted the precious time of the court for about a year.

He noted that Reddy's appearance in court today by filing a belated affidavit dated March 10, 2017 tendering an unconditional apology for delay in implementing the court's orders, was only after the court indicated that there was no affidavit of apology from him.

"Such an affidavit of the contemnor cannot compensate the wasting of precious time of the court and also the financial loss caused to the exchequer towards litigation expenses," the court said.

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First Published: Mar 25 2017 | 3:42 PM IST

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