HC closes contempt petition against TNPSC Secy

Madras High Court today lambasted Tamil Nadu Public Service Commission Secretary Vijaykumar for TNPSC allegedly failing to consider candidates under reserved list for post of Village Administrative officers despite its repeated orders and observed that rule of law, the foundation of governance, needs to be respected and followed unfailingly.
"The rule of law, which is the foundation of Governance needs to be respected and followed unfailingly and a constitutional functionary is no exception," Justice S Nagamuthu stated today while closing a contempt petition filed against the IAS officer.
"If the Courts' orders are not obeyed by the other wings of the government, it is a threat to the rule of law. Obeying the judicial orders of courts reflects the discipline of the orderly civilized society."

The matter relates to a list of several candidates kept under reserved list for posts of Village Administrative Officers in 2012 after candidates met all rules of TNPSC.
In spite of repeated legal battles by them before the court and undertakings given to the court on behalf of TNPSC that the petitioners would be considered for allotment of posts as VAO's, they were subsequently affected by a decision of TNPSC, stating that the reserve list cannot be operated.
After initiation of contempt proceedings on June 17, 2014 by an affected candidate who was not appointed, the others were given postings.

When the contempt petition came up for hearing on March 27 TNPSC Joint Secretary Sarawathi appeared in court and submitted a 'positional note' signed by Vijayakumar, saying the candidate was not called for interview as he was in 220th place.

The court noted that its earlier order was not adhered to and found prima facie material to issue contempt proceedings against Vijayakumar and directed him to appear before it.
The Additional Advocate General, who appeared on behalf of Vijayakumar on March 27 submitted that the petitioner along wih 81 others given appointment.
Justice Nagamuthu said legal battles in the cases were started in 2012, a number of interim orders, final orders, and specific directions to operate the list given but TNPSC 'miserably' failed to follow rules and court directions.

In this case going by long legal battles, repeated violations of the court's orders and all other circumstances, it may be concluded that TNPSC has committed serious contempt, warranting him to face legal consequences."
The Judge accepted the assurance of AAG that TNPSC would follow rules and obey its orders without any dereliction in future said it was inclined to discharge the contemnor.
He recorded the unconditional apology by Vijayakumar and closed the contempt petition.