STATE OF TAMIL NADU REP BY SECRETARY TO GOVT (HOME) v. PROMOD KUMAR IPS
2018-04-19
L.NAGESWARA RAO, S.A.BOBDE
body2018
DigiLaw.ai
ORDER : 1. One of the main contentions in these matters is whether the impugned disciplinary action is legal and valid even though the approval of the Chief Minister was not obtained before issuing a charge memorandum against the delinquent IPS officer – respondent no.1. 2. Mr. V. Giri, learned Senior Counsel, appearing for the petitioner–State, has placed before us the Tamil Nadu Government Business Rules and Secretariat Instructions (for short, the 'Business Rules') and the Standing Order No.2 of the Chief Minister of Government of Tamil Nadu dated 09.01.1992 (for short, the 'Standing Order'). 3. One of the questions that arises on the Business Rules and the Standing Order is whether the term “circulated to a minister” requires orders of the minister on that file, such as for approval or disapproval. 4. We, therefore, direct the petitioner-State through its Chief Secretary to file an appropriate affidavit as to the practice followed by the Government of Tamil Nadu in such cases, within a period of two weeks from today before this Court. 5. Further, the said affidavit shall state whether any Standing Orders have been issued in the Home Department specifying what classes of matters should be brought to the personal notice of the Minister vide Rule 22 of the Business Rules during the period relevant to the case. 6. List these matters as part-heard after two weeks for further hearing.