Dr. Senthilkumar Vs Tmt. Anu George (Madras High Court)
Madras HC Laments Growing Defiance of Court Orders: “Compliance Was the Norm, Defiance an Exception” – Statutory Contempt Notice Issued to IAS Officers
The Madras High Court, per Justice G.R. Swaminathan, expressed serious concern over the increasing tendency of government officials to disregard judicial orders while dealing with a contempt petition filed by a Veterinary Assistant Surgeon. The petitioner’s transfer had been stayed by the Court till 31 July 2026, but despite his request to rejoin along with medical certificates, he was not permitted to resume duty and his salary was not disbursed. The Court recorded that its stay order remained uncomplied with.
The Court was particularly displeased that, despite the Secretary to Government being the first respondent, the concerned officials were unavailable to give instructions to the Government Counsel when the contempt matter was taken up. Justice Swaminathan observed that officials appeared to be taking the matter “so casual” and emphasized that, in contempt proceedings, officials must either undertake compliance or furnish a credible explanation for non-compliance; merely seeking adjournment is insufficient. The Court remarked that “the standing of the court goes down with each passing day of non-compliance.”
In unusually candid observations on the decline in respect for judicial orders, the Court stated: “Gone are those days when the very word ‘contempt’ would send shivers down one’s spine… Compliance was the norm, defiance an exception.”
The Court noted that contempt petitions, once a rarity, had become increasingly common and said that “the situation is now worse.”
Justice Swaminathan specifically referred to Justice Battu Devanand’s strict approach towards contempt, observing that even belated compliance was not condoned and that compliance had to be strictly in accordance with the Court’s order without deviation. He remarked: “I get a feeling that all of us must emulate the path shown by His Lordship.”
Consequently, the High Court issued statutory contempt notice to the former Director of Animal Husbandry, S.P. Amrith, IAS, and the incumbent Director, Krishna Unni, IAS, holding that both officers were answerable for the non-compliance.
FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT
