HC deprecates practice of officials using subordinates for personal works

Court asks Home Department to issue a circular to check this trend

The Madurai Bench of the Madras High Court has directed Home Department to issue instructions by way of a circular to prevent officials from using public servants for domestic and personal works.

Justice S.M. Subramaniam observed that there were large-scale allegations in Prison Department as well as Police Department that subordinate staff were used by higher officials even for domestic and personal works. Such conduct of the officials could under no circumstances be appreciated. The subordinates were unable to refuse such services to the higher officials, the judge said.

He said when the higher officials themselves were misusing the services of the public servants, they could not expect work discipline or good conduct from the subordinate staff. The lower level staff would try to take undue advantage of the weaknesses of the higher officials or please them. This attitude or conduct was also a misconduct under the rules.

In the event of receiving any information or complaint in this regard, the department was bound to initiate action against the higher officials, the judge said.

The court was hearing the petition filed by P. Vadivel, challenging Prison Department’s order imposing penal rent on him. He said he was appointed as a Grade II Warder in 2013 and posted at Tiruchi Central Prison.

In July 2018, he was transferred to Karur Sub-Jail. But, the petitioner said, he continued to function as the driver to the Superintendent of Prison in Tiruchi. Therefore, he continued to use the official quarters allotted to him in Tiruchi.

The State submitted that certain temporary duties given to the petitioner at the Tiruchi prison could not be the ground for him to retain the official quarters in the city. On transfer, the petitioner ought to have vacated the quarters within one month.