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The Madras High Court in a recent judgement held that higher officials' excess usage of public servants, for their personal work is impermissible and that will lead to indiscipline in the uniformed services. 

Justice S.M. Subramaniam was hearing a matter by P. Vadivel who was who was transferred from Central Prison, Trichy Sub Jail, Karur to work as a warden. Even though he was transferred, he did not vacate his official accomodation in Trichy for which penal rent was imposed on him. 

Vadivel submitted that he was performing the duties of driver for the Superintendent of Prison at Trichy &  therefore, he had acted as per the instructions given by such official. Thus, it was submitted that Vadivel had not committed any irregularity in the matter of continuing in the official quarters.

The Court held that Vadivel ought to pay penal rent because the other instructions given by the Superintendent of Prison, Trichy cannot be a ground to retain the official quarters, which was allotted to him in Trichy. The official quarters are provided only for the purpose of effective performance of public duty in a particular station, the Court opined. 

However, the Court observed that once an official has been transferred from one place to the other place, the superior are not supposed to utilize the service of those employees for their personal convenience or on extraneous grounds. The Court stated,

"There are large scale allegations in the Prison Department as well as in the Police Department that the Constables and Head Constables are abused by the higher officials even for their residential works and personal works. Such a conduct of the higher officials can at no circumstances be appreciated, but to be deprecated...The public servants are to be utilized for the performance of public service...excess usage of Government employees for the personal works can never be approved, but it is an actionable irregularity committed by the higher officials of the Police Department or the Prison Department."

The Court further ordered the Principal Secretary to the Government, Home Department, to issue a Circular to prevent the higher officials from using the public servants for their personal work in their residence or outside. The facilities admissible and eligible for the higher officials alone must be utilized and any excessiveness in this regard is actionable and the Principal Secretary to Government, in the event of receiving any such complaint or information, is bound to initiate all further actions against all those higher officials in order to maintain discipline and decorum amongst the uniformed service personnel, the Court added. 

P.Vadivel v. The Deputy Inspector General of Prisons & Ors.