Using government employees for personal work impermissible: Madras High Court

The Madurai Bench of the Madras High Court recently took strong exception to the use of government employees by higher officials in the police or prison department for personal work [P Vadivel v. The Deputy Inspector General of Prisons]..Justice SM Subramaniam directed the Principal Secretary of the Home Department to initiate all appropriate steps to issue directions to prevent higher officials from using public servants for their personal work in their residence or outside.“This attitude or conduct is also a misconduct under the Rules and therefore, the higher officials are expected to bear in mind that excess usage of public servants for their personal usage is impermissible and that will lead to indiscipline in the uniformed services,” the judge said..The issue arose when the petitioner, a Grade-II Warder at the Central Prison in Trichy, was transferred to Karur. However, pursuant to oral permission by the Superintendent of Prison, Trichy, the petitioner continued in his official quarters for three months.The petitioner challenged an order of recovery of penal rent, submitting that he was performing the duty of the Superintendent’s driver and thus, acted on his instructions and did not commit any irregularity..The Court, however, found that after his transfer, any other duties assigned to him were of no avail for exonerating the petitioner from the payment of penal rent as per the Rules in force. Any employee who is transferred is not eligible to retain the official quarters allotted to him beyond the period stipulated, the judge added.Justice Subramanian further remarked that superior officials must also exercise restraint in such matters and should not utilise the services of a transferred employee for their personal convenience..Taking note of the large scale allegations in the prison and police departments that Constables and Head Constables are abused by higher officials, even for residential and personal work, the Court said, “Such a conduct of the higher officials can at no circumstances be appreciated, but to be deprecated.”It was stated that by virtue of a higher position, subordinate officials are unable to refuse such services to the higher officials resulting in deterioration of departmental disciple."When the higher officials themselves are misusing the service of the public servants, then they cannot expect work discipline or good conduct from the subordinate officials. They too try to take undue advantage of the weaknesses of the higher officials or they make an attempt to please these officials," the Court held..Justice Subramaniam thus advised that the government must initiate all appropriate actions to ensure that such irregularities and illegalities are minimized to the extent possible. The order stated,“The Inspector General of Prisons, in this regard, has to initiate all appropriate steps to ensure that the prison officials, namely, Superintendent of Prisons or the other higher officials are not utilizing the service of the public servants for their personal usage.”.With these observations, the petition was dismissed..Advocate B Karunanithi appeared for the petitioners and the respondents were represented by Government Advocate DS Nedunchezhian..[Read order]