HC imposes Rs 3,000 on JCP for violating Tribunal order

Chennai, Aug 3 (UNI) Madras High Court has imposed a cost of Rs 3,000 on a Joint Commissioner of Police(JCP) for having violated State Administrative Tribunal order and consequent specific direction from Commissioner of Police in 2004.

Mr Justice N Paul Vasantha Kumar imposed the cost while passing orders on a petition from K Kasthuri, widow of a police constable, who was denied certain service benefits.

The matter related to the service benefits payable to the widow of a police inspector P Kandasamy, who was compulsorily retired from service on flimsy ground in December 1982. But reinstated in 1995, following the State Administrative Tribunal (SAT) direction.

He died in 1996 while in service.

In 1996, an order was passed stating that the period from December 1982 to November 1995 was to be treated as leave and loss of pay. The SAT quashed the order in 2003 and directed payment of full pay with arrears. After several representation in July 2004, the Commissioner of Police (COP) passed an Order, directing the Joint Commissioner of Police (JCOP) to pay the amount within 15 days.

However, after a delay of more than one and half years, the JCOP passed a modified order in April 2006, denying the widow certain benefits. Hence the present petition.

In his order, the judge said, despite the SAT order and specified direction from COP, the JCOP chose to disobey the order, forcing the widow to file the writ petition. The JCOP has no jurisdiction to interpret the orders and his action has to be treated as a failure on his part to perform the task assigned to him.

He should be deemed to be lacking in devotion to duty. It was for the appropriate authority to take action or not against the JCOP. Due to his unjust order a widow was denied her just claims.

The benefits ordered by the SAT shall be paid to the widow with nine per cent interest.

The JCOP, who compelled the widow to file the petition was directed to pay Rs 3,000 as cost, the judge added.

UNI XR KVV SHB GC2000