Employment officer sentenced for contempt of court

By Our Special Correspondent

CHENNAI, FEB. 5. The Madras High Court has sentenced an assistant director in the Coimbatore District Employment Office, to three months simple imprisonment for ``committing contempt of court''.

Allowing a contempt application from Mr. Saji Mathew of Coimbatore seeking to punish the officials for ``willfully disobeying the court orders'', Justice Y. Venkatachalam concluded that the officer had committed contempt by not obeying the court orders for considering the petitioner's candidature and sponsor his name for a trainee post in the Survey of India department.

Originally, Mr. Mathew filed a writ petition for a direction to the Assistant Director, District Employment Office, Coimbatore, the deputy director, regional Employment exchange and the Director of the department, to sponsor his name for a trainee post in the office of the Director of Survey, Delhi. Mr. Justice Venkatachalam had in February 1998 directed the officers to sponsor Mr. Mathew's name to the post provided he was eligible as on that date with regard to educational qualifications and age limit, and select him purely on merit.

Meanwhile his registration with the employment exchange expired and he sought renewal as per rules. Though he was entitled to get it renewed, the respondent-authorities did not renew it. He contended that the refusal was because of his filing the writ petition and ``for dragging'' the officers to court.

Tendering unconditional apology, the officer said, Mr. Mathew's name was not sponsored for want of sufficient seniority. He had not sent his renewal application in time. There was no violation of the court order, as there was no mention in the court order about the renewal.

Mr. Justice Venkatachalam said a G.O. dated 25-5-1999 stated that the registrants of employment offices in Tamil Nadu who had failed to renew their registration between January 1996 and December 1998 could do so. Mr. Mathew had sent his renewal application within that period. In June 1999, the Government amended the G.O. stating that persons desirous of availing of the concession should apply with copy of the employment registration identity card to the Employment office concerned within three months.

The Judge said the Assistant Director did not allow this concession to Mr. Mathew, but imposed his own terms and conditions, which went against the G.O. and the amendment. This clearly proved the officer's conduct, who did not even want to afford a concession granted by the G.O. As contended by the petitioner, the refusal to renew the registration was because of the filing of the writ petition and the officers did not exercise the power vested in them for malafide reasons. Though Mr. Mathew was fully qualified for being selected to the post the officer did not sponsor his name, but sponsored 20 other persons.

It was proved beyond doubt that to help some other candidates, the Assistant Director Mr. L. Sivasamy, had wantonly not sponsored Mr. Mathew's name. The Judge concluded that he found the Assistant Director guilty of committing contempt of court, for which he had to be punished.

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