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IAS officers who defy Court orders must be stripped of their Posts, says High Court

 IAS officers who are least bothered about the orders of the Court & are not doing their duty must be stripped of their posts, observed the High Court of Madras. The Court made the observations while setting aside the order of the Secretary of Municipal Administration in cutting down the pension of an employee.


The issue pertains to TV Pallanee, working as the Commissioner of Tambaram Municipality, who was served a memo for executing emergency work to a tune of Rs 83,920 without calling for any tenders.


Though the charges were not proved against Palanee during the enquiry, the secretary of the department chose to defer the findings made by the enquiry officer & also didn't disclose any reasons for the disagreement. The proceedings initiated by the IAS officer resulted in the punishment of cut-in pension Rs 200 per month.


The lawyer for the petitioner argued that the secretary's defiance of the report made by the enquiry officer was totally unlawful.


The state contended that the investigation was conducted in an independent manner.

Justice S Vaidyanathan recording the submissions made by both the counsels said that Palanee had executed the emergency provisions in carrying out important works that were necessary.


The Court observed that "The officers, who are in charge of the fulfilment of a public need, removal of encroachment should be appreciated & encouraged, instead of punishing them for their good actions".


The Court refused to concur with the submissions made by the state & said, "It is pertinent to mention here that there are several IAS officers, who deal with applications....... of the Town & Country Planning Act, 1971, are not complying with the orders of this Court, in spite of specific orders issued every now & then, fixing the outer time limit for disposal of the matters."

The Court also added, "Such officers, who are least bothered about the orders of this court & are not doing their duty, must be sent out & their IAS posts must be stripped, as ignoring the orders of this court would definitely amount to dishonest in their duty, besides disobedience."


The Court allowed the plea to set aside the order of the secretary. 

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