HC quashes GO removing TNCPCR chairperson, members

Justice Abdul Qudhdhose passed the order on disposing of a batch of petitions filed by former CRC chairperson Saranya T Jaikumar and members of the committee.
Madras High Court
Madras High Court

CHENNAI: The Madras High Court had set aside a government order issued by the State government ordering the removal of the chairperson and members of the Tamil Nadu Commission of Protection of Child Rights (TNCPCR).

Justice Abdul Qudhdhose passed the order on disposing of a batch of petitions filed by former CRC chairperson Saranya T Jaikumar and members of the committee.

The petitioners prayed for a direction from the court to the government to revoke the GO dated February 23 dismissing them from the service and consequently permit the petitioner to continue as the chairperson and members of the TNCPCR till the end of their term viz., 19.01.2024.

The petitioners contended that the social welfare department had removed the chairperson and members of the TNCPCR without following the rules contemplated under Section 7 of the Commission for Protection of Child Rights Act, 2005.

Meanwhile, Additional Advocate General S Silambannan submitted that the government have the inherent powers by exercising its rights under Section 16 of the General Clauses Act, 1897 to reconstitute the Commission by cancelling the earlier appointments of members and the chairperson.

Recording the submissions of either side, the judge held that the impugned GO cancelling the earlier appointments to the commission has been passed without following the procedure contemplated under the provisions of the Child Rights Act.

“Though the posts held by the petitioners who have been removed may be honorary posts when the Child Rights Act provides a special procedure for their removal, necessarily the respondent shall have to follow the said statutory procedure. Having not followed the same, the impugned G.O. is illegal and has to be struck down, ” the court ruled.

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