Include all amendments in books: HC to publishers

Judges may end up passing wrong orders, says Bench

The Madras High Court in an order impressed upon the need for publishers of law books to meticulously carry every amendment to Acts, rules and regulations in their publications, because otherwise, judges might end up passing the wrong orders or judgments, much to the detriment of litigants.

The first Division Bench, comprising Chief Justice Amreshwar Pratap Sahi and Justice Subramonium Prasad, said it was very “unfortunate” that Rule 14(a)(1)(iv) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules had been misquoted in several law books, without an amendment made to it way back in 1954.

“This has led to a lot of confusion as to whether an officer, immediately superior to a delinquent, can pass an order of suspension or not, which is the question that arises for adjudication in this case.

This court requests book publishers to be careful in incorporating amendments, lest the courts might take erroneous decisions,” the Bench said.

The observations were made while dismissing a writ petition filed by A. Ananthakumar, a junior assistant, who had been suspended from service by the District Munsif-cum-Judicial Magistrate in Gummidipoondi, Tiruvallur district.

He had approached the court claiming that the Munsif-cum-Magistrate was not empowered to suspend him from service.

Stating that he was appointed in service by the Principal District Judge, the court employee contended that only the appointing authority could initiate disciplinary action.