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.
Cases Discussed
- WP No.42480 of 2025(Madras High Court)
- WP No.20719 of 2026(Madras High Court)
FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT
The petitioner is holding the post of Veterinary Assistant Surgeon in the Department of Animal Husbandry Department. He was transferred from Dindigul to Mallavadi, Thiruvannamalai District during June 2025. From Mallavadi, Thiruvannamalai District, he was once again transferred to Thoothukudi District vide order dated 17.10.2025. Questioning the same, the petitioner filed WP No.42480 of 2025. The transfer order was stayed. It appears that the said interim stay order was not initially complied with. However, the petitioner was accommodated in the very same district. While so, yet another order was passed on 14.05.2026. Questioning same, WP No.20719 of 2026 was filed. Vide order dated 29.05.2026, I granted stay of the transfer order till 31.07.2026 in the presence of the government counsel representing the respondents. The writ petitioner now states that even though he submitted a request letter dated 09.06.2026 along with the medical certificates for rejoining, he was not allowed to do so. The petitioner’s salary has not been disbursed. Till date, the order of stay passed by this Court has not been complied with. That led to the institution of the contempt petition.
2. When the matter was taken up for hearing, the learned Government Advocate submitted that Thiru.S.P.Amrith I.A.S., was holding the post of Director of Animal Husbandry and Veterinary Services till 15.07.2026 when the incumbent Mr.H.Krishna Unni I.A.S took over. In my view, both these officers are answerable. The matter was taken up for hearing at around 02.10. P.M and even though I waited for close to ten minutes, the learned Government Counsel was unable to obtain instructions from the officials concerned. When the Secretary to Government is figuring as the first respondent, I am shocked to note that the officials are so casual. Though in contempt proceedings, statutory notice can be straightaway issued, we rarely do so. We call upon the Government Counsel to state their position. We, however, expect the officials to be ready with instructions. The petitioner ought to have been posted after the grant of interim order. In any event, I had granted interim stay only for a limited period. I express my displeasure over the conduct of the officials. Even though the government counsel tried her best to reach the officials over phone, the officials concerned were not available.
3. Counsel representing the Government ought to be ready with instructions when the case is listed for “Admission”. They should reach out to the contemnors in advance. Only two courses of action are open. Either they should undertake to report compliance or offer some credible explanation for non-compliance. Mere seeking of adjournment would not suffice. Counsel should remember that in contempt proceedings, the majesty of the court is involved and their duty is to assist the court. The standing of the court goes down with each passing day of non-compliance.
4. Gone are those days when the very word “contempt” would send shivers down one’s spine. I remember a Senior Counsel telling me some twenty years back that during his younger days, court halls used to be jam-packed during contempt hearings. Because they were a rarity. Compliance was the norm, defiance an exception. He lamented about the increase in filing of contempt petitions. The situation is now worse. When Justice Battu Devanand was here, His Lordship put the fear of god in the officials. Most of the Judges would close the contempt petitions once they report compliance even if belatedly done. Not so with Hon’ble Mr.Justice Battu Devanand. Even delayed compliance would not be condoned. Compliance must be strictly in consonance with the court’s order. No deviation was permitted, howsoever slight. I get a feeling that all of us must emulate the path shown by His Lordship.
5. Issue statutory notice to Thiru. S.P.Amrith, I.A.S., former Director of Animal Husbandry and Veterinary Services, and the incumbent Director Mr.Krishna Unni, IAS., Director of Animal Husbandry and Veterinary Services, Integrated Animal Husbandry and Fisheries Department Office Complex, Veterinary Hospital Compound, Nandanam, Chennai- 600 035.
