The Hindu : Tamil Nadu / Chennai News : Fresh proceedings against officials disallowed

Online edition of India's National Newspaper
Friday, Nov 11, 2005

Tamil Nadu

Tamil Nadu - Chennai

Fresh proceedings against officials disallowed

Special Correspondent

The case pertains to alleged prison excesses during Emergency

CHENNAI: The Madras High Court has disallowed a second round of disciplinary proceedings against two officials, which were launched more than a decade after withdrawal of the first charge memo and suspension.

The matter relates to two charge memos issued to A. Obaidullah and N. Manoharan on the basis of the findings of the M.M. Ismail Commission of Inquiry, which probed prison excesses during the Emergency.

Mr. Obaidullah's suspension was revoked in 1981. He was promoted thrice and became an Assistant Jailor when the new Government issued him a fresh charge memo in 1990. His plea to quash the second charge memo was rejected by the State Administrative Tribunal in January 2002. He challenged it.

Mr. Manoharan was suspended in June 1978 and reinstated in June 1981 after the High Court allowed his petition. However, after 10 years, the Government issued a fresh memo in May 1990. He filed the petition after the Home Secretary turned down his request to drop the proceedings. A Division Bench of Justice P. Sathasivam and Justice S.K. Krishnan said the first charge memo was cancelled without any reason, and "referring to the very same report of Justice M.M. Ismail Commission, the second memo was issued."

The Government had not shown any new material against the officials. The SAT had overlooked the aspect, "which was fatal to the disciplinary proceedings."

They ordered immediate reinstatement of the officials.

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