Amendments in rules must to initiate parallel action against govt servants: Madras High Court

MADURAI: The Madurai Bench of the Madras High Court has suggested that the State government amend the Tamil Nadu Civil Services (Discipline and Appeal) Rules and relevant conduct rules to give statutory backing to simultaneous departmental disciplinary proceedings against government servants facing criminal cases.

Observing that the present government claims to have zero tolerance towards corruption and is committed to creating a corruption-free society, Justice B Pugalendhi said that prompt action against government servants who violate conduct rules and engage in corrupt practices would send a strong message against corruption and discourage others from indulging in such acts.

“Therefore, this court expects the government to take a call on this issue and bring in necessary amendments to the service rules,” the judge observed.

The court made this observation while disposing of writ petitions filed by four government servants facing corruption cases and suspension following traps conducted by the Directorate of Vigilance and Anti-Corruption (DVAC). Three petitioners challenged their prolonged suspension and the delay in disciplinary proceedings, while the fourth challenged the rejection of his request for revocation of suspension.

The court noted that in the case of a police Sub-Inspector, disciplinary proceedings were initiated only in 2023, about 10 years after the criminal case, and the officer was ultimately removed from service in August 2026. In the other three cases, disciplinary proceedings had not even been initiated despite their prolonged suspension.

Observing that the Supreme Court had consistently made it clear that there was no legal bar to conducting simultaneous disciplinary proceedings during the pendency of criminal cases, the court said that the authorities could also seek appropriate clarification from the judicial forum, if required.

“But, by keeping the disciplinary proceedings in abeyance merely because the criminal case is pending, and thereby permitting such delinquent officers to continue in service and receive benefits, the very purpose of the conduct rules would be defeated,” the judge observed.

These cases are not isolated instances. In the past one month alone, this court found several trap cases in which disciplinary proceedings had been kept in abeyance for years by referring to Clause 21 of GO (Ms) No 66, the Court observed.

The court further observed that the directions for simultaneous proceedings issued through Government Orders, circulars and instructions from 1973 onwards appeared to be insufficient, as disciplinary authorities were not complying with them.

Hence, the court suggested that the government amend the Tamil Nadu Civil Services (Discipline and Appeal) Rules and relevant conduct rules to give statutory backing to the directions for conducting simultaneous departmental and criminal proceedings.

While disposing of the petitions, the court directed the respective disciplinary authorities to initiate and conclude the disciplinary proceedings against the three government servants within six months from the date of receipt of the order. The court said that the eligible subsistence allowance should continue to be paid during the period of suspension.