Sterlite firing: govt. initiates ‘penalty proceedings’ against former Thoothukudi Collector

Action based on the recommendations of Aruna Jagadeesan Commission of Inquiry

The Tamil Nadu government has initiated “penalty proceedings” against IAS officer N. Venkatesh over his commissions and omissions during the police firing as then Thoothukudi Collector, which were strongly criticised by the report of the Justice Aruna Jagadeesan Commission of Inquiry. A total of 12 people were killed in the police firing incident in Thoothukudi on May 22, 2018. One more died on the following day.

The Commission had recommended departmental action against the then Thoothukudi Collector. There are multiple stages in penalty proceedings, commencing with government seeking an explanation from the official against whom it is initiated. The initiating of proceedings is the first stage, an official said.

Under the penalty proceedings, a charge memo is issued to the official concerned after which he would be given an opportunity to offer his/her explanation. An enquiry officer would be appointed who would submit a report to the government.

Based on the report, the government, if the charges are proved, would issue a show cause notice to the official and if it is not satisfied with the reply, decide on whether to take action against the official. If mala fide intention is not made out, the punishment for the minor penalty could be mild.

The four-volume report of the Justice Aruna Jagadeesan Commission of Inquiry found fault with the actions of the then Thoothukudi Collector on multiple fronts. Though its terms of reference confined only to police officers, the Commission said: "the commissions and omissions" on the part of the District Collector assumed importance.

".. would only suggest that the requisite departmental action be taken against District Collector Mr. Venkatesh, IAS also, having regard to the observations of this Commission about his style of functioning reminiscent of abdication of his responsibility," it said.

Not taking part in some of the meetings with the protesters but deputing a junior IAS officer to handle, delay in promulgating Section 144 of the Criminal Procedure Code after the Madras High Court direction and not clearly communicating it to police officers, are among the actions cited against the officer in the report.