Corporation DC has no power to dismiss JE, says Madras High Court

Holding that the dismissal of a junior engineer by the Deputy Commissioner (Works) of Greater Chennai Corporation was in violation of the statutory procedure and exceeding his jurisdiction in assuming the powers of the Commissioner, the Madras High Court quashed the dismissal order and directed the civic body to reinstate the official within two weeks.

“The Corporation is directed to reinstate the petitioner back in service with all monetary and attendant benefits, including the issuance of promotional orders at least within a period of two weeks,” Justice MS Ramesh held.

The judge issued the direction after allowing a petition moved by V Kumar, who was working as a junior engineer, seeking a direction to quash the dismissal order issued by the Deputy Commissioner (Works) on July 18, 2017, based on the report of the Tribunal for Disciplinary Proceedings (TDP).

The dismissal order was passed on charges related to the possession of disproportionate assets.

Appearing for the petitioner, senior counsel M Ravi submitted that the Deputy Commissioner has no power to initiate such a punitive measure against the petitioner.

“As per Rule 10 (c) of the Tamil Nadu Civil Services (Disciplinary Proceedings Tribunal) Rules, 1955, only the Commissioner can initiate such actions and his subordinates are not conferred with the powers,” the petitioner argued.

Recording the submissions, the judge held that the court does not intend to comment any further on this aspect, but to only express its disappointment in the conduct of the respondent.

Karthikaa Ashok, standing counsel for Greater Chennai Corporation, submitted that the action was taken as per GO no. 54 of the Municipal Administration and Water Supply Department dated August 1, 2016.

However, the judge rejected the contention observing that he did not find any merit in the submission and quashed the dismissal order.