Officials exercising excess power must be prosecuted: Madras High Court issues directions

The Madras High Court has directed the Tamil Nadu government to issue a circular to all the competent authorities to exercise their powers in accordance with the Statute or the Rules in force. Court held that any excessive exercise is to be construed as an administrative indiscipline or lapses or negligence as the case may be.

The bench of Justice S M Subramaniam has ordered that in the event of excessive exercise of powers, such authorities must be liable for prosecution under the Discipline and Appeal Rules.

The court issued the direction while disposing of a writ petition filed by a police sub-inspector namely Prasanna Gunasundari, who had been removed from service in 2016 for alleged lapse in her duty. The petitioner claimed that when she filed representation/objections to the order for her compulsory retirement, none of the grounds raised by her had been considered by the Disciplinary Authority.

Thereafter, the Appellate Authority also passed a non-speaking order. Apart from that, the petitioner had also been denied the remedy of revision under the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955.

Taking serious note of the issue, the court said that the Higher Authorities, while exercising the powers of the Punishing Authority, Appellate Authority, Revisional Authority or Reviewing Authority are expected to verify the Rules in force and accordingly exercise the powers in a judicious manner and by applying the mind. 

"It is essential that the Authority should exercise its powers within the limits of the Statute or the Rules, otherwise it would be ultra vires on the ground of abuse or excess of jurisdiction. When the power is exercised under 'colour' or guise of legality, but, in reality the purpose of Statute is different, it amounts to 'colourable' exercise of power," the court observed. 

Court further said that if the powers, which are not contemplated are allowed to be exercised, it will lead to maladministration and the discipline of the Police Force will be derailed.

In the event of any such abuse or excessive exercise, the Government is bound to exercise its powers of judicial review not only to correct the order, but also to initiate appropriate actions against the Authorities, who had excessively or improperly exercised the powers or otherwise, the court held. 

Moreover, with regard to the present matter, since the petitioner had already exhausted the appellate remedy, Court disposed of the writ petition while granting her liberty to approach the Revisional Authority in the prescribed format in accordance with the Rules in force.

Case Title: Prasanna Gunasundari v. The Deputy Inspector General of Police, Madurai and 3 Others