Prosecute officials if they exercise excess powers: Madras High Court – Economic Times

The Madras High Court has directed the Tamil Nadu government to issue a circular to all the competent authorities to exercise their powers in accordance with the Act and the Rules in force. In the event of excess exercise of powers, such authorities must be made liable for prosecution under the Discipline and Appeal Rules. Justice S M Subramaniam gave the direction recently while disposing of a writ petition from Prasanna Gunasundari, a police sub-inspector who was denied the remedy of revision under the Rules and removed from service by a final order passed in 2016 for alleged lapse in her duty.

The judge said that the petitioner had lost her opportunity to avail the remedy of revision under the Rules. The remedy of revision is an important one and an aggrieved employee need not be denied the benefit of the same under the Rules, the judge said and gave the direction.

The Home secretary shall ensure that the authorities exercise their powers within the ambit of Statutes and Rules in force at all circumstances for efficient public administration, which is the mandate under the Constitution, the judge said.

The petitioner had already exhausted the appellate remedy and therefore, she is entitled to exhaust the revisional remedy, which is contemplated under Rule 15-A of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955.

Thus, the petitioner is at liberty to approach the revisional authority in the prescribed format in accordance with the Rules in force. In the event of submitting any such revision, the authority shall decide the same on merits and in accordance with law independently, the judge added.