IAS officers must be stripped of their posts and “sent out” if they do not comply with judicial orders to dispose of, within a time frame, applications preferred by owners of unauthorised constructions against locking and sealing of the buildings by the planning authorities concerned, the Madras High Court has said.
In a judgment, Justice S. Vaidyanathan wrote: “It is pertinent to mention here that there are several IAS officers who while dealing with applications under Section 80A of Town and Country Planning Act of 1971 are not complying with the orders of this court fixing outer time limit for disposal of the matters.”
Coming down heavily on the officials for sitting over the applications, the judge said: “Such officers, who are least bothered about the orders of this court and not doing their duty, must be sent out and their IAS posts stripped since ignoring the orders of this court would definitely amount to being dishonest in their duty.”
The observations were made while allowing a writ petition filed by a retired Commissioner of Tambaram Municipality here. The petitioner, T.V. Pallanee, had challenged a Government Order (G.O.) issued on June 24, 2005, imposing a punishment of cut in pension to the tune of ₹200 a month for 12 months. He was charged with having spent ₹83,290 from municipality funds without calling for tenders, for various works such as engaging lorries to remove rubbish, purchasing equipment for maintenance of street lights and so on. Though the charge was not proved in the domestic inquiry, the government differed with the inquiry report, he claimed.
Not finding any justification for the punishment imposed on the petitioner, Justice Vaidyanathan said the petitioner could not be faulted for having carried out public works considering the urgency involved. “The officers in-charge of fulfilment of public need should be appreciated and encouraged instead of being punished for their good act,” he added.
