SEKAR REPORTER

Court News from Madras High Court

Sekarreporter: [7/16, 07:30] Sekarreporter: *GLIMPSE OF A LATEST VERDICT* *W.A. 1652/2021, C.M.P. 10405/2021* Dated: 12.07.2021 *Hon’ble Justices Pushpa Satyanarayana & Krishnan Ramasamy* stayed the Order passed by the Single Judge in the matter of

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[7/16, 07:32] Sekarreporter: https://twitter.com/sekarreporter1/status/1415854109362573315?s=08
[7/16, 07:32] Sekarreporter: [7/16, 07:30] Sekarreporter: *GLIMPSE OF A LATEST VERDICT*

*W.A. 1652/2021, C.M.P. 10405/2021*
Dated: 12.07.2021

*Hon’ble Justices Pushpa Satyanarayana & Krishnan Ramasamy* stayed the Order passed by the Single Judge in the matter of *“Suspension/Punishment/Disciplinary Proceedings of Public Officer ordered by Court”* and further observed the following:

i) The subject matter of the appeal is that the Single Judge had directed the Commissioner of Commercial Tax to suspend the Appellant (State Tax Officer) due to the evasive answers that had been provided in Court by the Officer.
ii) The appellant had relied on an Order of the Division Bench of the Madras High Court in W.A. No. 1811 of 2017 dated 26.04.2018, wherein it was held that “…while it is open to this Court to direct disciplinary proceedings against the erring officials, this Court cannot go ahead and issue directions to place the erring official under suspension, to direct the disciplinary action to be conducted on a day-to-day basis and also suggest the nature of punishment to be imposed by the disciplinary Authority……punishment to be imposed if the erring official is found guilty…are all within the domain of the Disciplinary Authority.”
iii) The Appellant had further relied on the Order of the Supreme Court in State of U.P. Vs. Dr. Manoj Kumar Sharma [Civil Appeal No.2320 of 2021], wherein the Hon’ble Supreme Court had observed about separation of powers that need to be observed amongst the Indian Judiciary and that the Judiciary must not cross over into the functions of the executive or legislative.
iv) Based on the above observations, the Order of the Single Judge directing the Commissioner to suspend the Appellant is stayed.
[7/16, 07:30] Sekarreporter: 💐

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