HC expresses concern over non-implementation of court orders

Concerned over non-implementation of court orders by officials and filing of appeal after contempt petition is filed, Madras High Court today asked Tamil Nadu Chief Secretary to issue necessary circular within a month to all departments asking them to implement court orders or file appeal, if aggrieved, within the prescribed time limit.
A bench comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan gave the directive, disposing of a petition by Managing Trustee of Madurai-based Tamil Nadu Centre for Public Interest Litigation K K Ramesh seeking a direction to initiate departmental action against the officers who are not obeying the court orders.

"The problem of not implementing court orders exists is not in doubt. The data given on the number of contempt petitions filed each year is a reflection of the same. There appears to be no system of accountability for officers who fail to implement the order or take recourse to appeal," it said.
The bench expressed concern that neither the order of the court is implemented nor assailed in appeal and only filing of the contempt petition triggers filing of appeal.
"If a government authority is aggrieved by an order of the Court no doubt it has remedy to challenge the same in accordance with law within time frame prescribed for appeal."

The order further said the violation of this direction should invite "administrative/disciplinary" action as the consequences not only reflected on the administration but also unnecessary cast burden on this court with various petitions.

The court reminded that in another petition it had already called upon the government authorities to have a mechanism for people to seek redressal of their grievances, which in turn should be forwarded to relevant departments for attending and disposal within a time bound schedule.
"This has become necessary as first the petitioner has to come to the court seeking disposal if his/her representation, next to possibly invite a reasoned decision, thirdly to enforce law in case of infraction and finally contempt petition for non-compliance of court direction.

"This multiple procedures arise from one cause which can be avoided by an improvement in administrative efficiency and mechanism for redressed and disposal of the representation. We part with a hope that these observations may have some salutary effect, as it is better always to be optimistic," the Judges said.