File reports on complaints filed against higher officials invoking SC/ST Act: Madras HC

Madurai: Madras high court has directed the secretary of the human resources management department to file a report on the number of complaints lodged by govt officials invoking the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act against higher officials or other officials in their office in the past five years. The court was hearing a petition filed by M Jothivel of Tirunelveli district.

The petitioner was working as personal assistant to the chief educational officer in Tirunelveli. He was transferred and posted as the headmaster of a govt higher secondary school.

Challenging the same, the petition was filed. The petitioner’s counsel submitted that the transfer order is punitive in nature and that too was passed by the chief educational officer without jurisdiction.

The joint director of the school education department is the competent authority to issue the transfer order. Special govt pleader submitted that there is a strained relationship between the petitioner and the chief educational officer.

He also expressed certain anguish that if this petitioner is allowed to continue in work, then he will disturb the administration and may also go to the extent of foisting a false complaint against the chief educational officer. Justice B Pugalendhi granted an interim stay on the order of transfer and permitted the petitioner to join duty.

However, he shall refrain from doing any work as the personal assistant to the chief educational officer till Oct 26. Considering the apprehension raised by the chief educational officer that a case under the provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would be foisted against him at the instance of the petitioner, the judge gave the direction to the secretary of the human resources management department.

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