Government staff can approach SHRC against superiors: court

Government employees can approach the State Human Rights Commission (SHRC) against harassment by their superiors and this will not amount to violation of Tamil Nadu Government Servants Conduct Rules, 1973, the Madras High Court Bench here has ruled.

Justice K. Chandru gave the ruling while allowing a writ petition by B.A. Latha, Assistant in the taluk office at Natham in Dindigul district, challenging an order by the Collector on June 24 last postponing her annual increment for two years for having moved the SHRC against a woman tahsildar.

The Collector was of the view that the petitioner could have ventilated her grievance before higher officials instead of approaching the SHRC. He claimed that her action was in violation of Rule 18 of the Conduct Rules, which states that no government servant shall bring or attempt to bring political or other outside influence to bear upon any superior authority to further his/her interests in respect of matters pertaining to his/her service under the government.

Disagreeing with the Collector, the judge said: “Reference to Rule 18 is thoroughly misconceived. The complaint to SHRC is a legitimate exercise, which any government servant can indulge in as it is akin to a fact-finding body that can make an appropriate recommendation to the State government.

In the present case, the petitioner had filed a complaint before the SHRC alleging harassment by the tahsildar, who was found guilty of misconduct and imposed with a penalty of stoppage of increment for a year. The petitioner had deposed against the tahsildar in the departmental enquiry.

Pointing out that the petitioner had been imposed with a severe punishment, Mr. Justice Chandru said: “It is not only mockery of fairness of action, but also a classic instance of punishing the complainant as well as the accused simultaneously.”

Allowing another writ petition filed by her, the judge directed the Collector to include the petitioner's name in the panel of names drawn for promotion to the post of deputy tahsildar. Her name had been excluded pending enquiry into the charge of approaching the SHRC.