Observing that there are large-scale allegations of constables & head constables in the prison as well as police departments being used by higher officials for their residential and personal work, Madras HC has directed the home department to issue a circular with necessary instructions to prevent the practice.
Justice S M Subramaniam said higher officials using public servants for their personal purpose is misconduct under the rules which will lead to indiscipline in uniformed services. By virtue of the higher position, subordinate officials are unable to refuse such services. When higher officials misuse the service of public servants, they cannot expect work discipline or good conduct from the subordinates.
The Judge observed, "They too try to take undue advantage of the weaknesses of the higher officials or they make an attempt to please these officials".
If any such complaint or information is received, the department is bound to initiate all further actions against those higher officials in order to maintain discipline & decorum amongst the uniformed service personnel, the Judge said.
The Court made the observations while hearing a plea filed by P Vadivel who was appointed as a grade-II warden in 2013 & posted at Trichy central prison.
Though he was transferred to Karur central prison in 2018 & joined duty there, he did not vacate his official quarters in Trichy. Consequently, penal rent was imposed on him challenging which he filed the present petition before High Court Madurai bench in 2020.
The petitioner's lawyer submitted that pursuant to the oral permission granted by the superintendent of prisons at Trichy, Vadivel continued to stay at his official quarters & was performing the duties of driver for the superintendent of prisons at Trichy.
The state submitted that certain temporary duties given to the petitioner at Trichy prison cannot be a ground for him to retain the official quarters. On transfer, he ought to have vacated the quarters within a month, but he did so only in 2019. Thus, penal rent as per the rules in force has been imposed on him.
Justice S M Subramaniam observed that official quarters are provided only for the purpose of effective performance of public duty in a particular station.
Any employee, who is transferred, is not eligible to retain the official quarters allotted to him beyond the period stipulated.
The other duties or temporary duties assigned by the superintendent of prisons are of no avail for exonerating the petitioner from the payment of penal rent, observed the Judge, while dismissing the plea.
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