Amend service rules to fix accountability of govt staff: HC

On finding that a Government Order (GO) issued in this regard in 2010, directing the heads of the department to issue necessary orders to this effect while delegating the powers, has not been adhered to, a division bench comprising Justice N Kirubakaran and Justice B Pugalendhi said: “Every government servant is expected to act in accordance with the Acts, Rules and the GOs issued by the government then and there.” 

“If the Secretary-level officers do not comply with the orders of the government, how we can expect a common citizen to comply with them,” the bench asked, expressing strong displeasure over none of the departments taking any steps to implement the said GO wherein one of the major recommendations was on fixing accountability on the officials. “Ignorantia legis neminem excusat’ (ignorance of the law excuses no one). Even a common man cannot plead that he is ignorant of the law.

When that is the case with common man, what would be the responsibility of the Secretary-level officers,” the bench wondered while citing it as an example to show how GOs are regarded by the officials themselves.

“Unless the government comes with an Act or Rule, any number of circulars and instructions issued in this regard will remain merely on paper without effective implementation,” the bench said while directing the government to file a report on the possibility of amending the existing relevant Service Rules, for effective implementation of the said GO by December 22.

The GO was passed based on recommendations by the government-constituted Administrative Reforms Committee under the Chairmanship of Justice AK Rajan, retired judge of Madras High Court, to ensure a corruption-free and transparent administration.

Based on this, the GO was passed in 2010 and even the Chief Secretary’s letter on December 11, 2020, instructing all the Secretary-level officers to send the action taken report on the implementation of the said GO to file a consolidated comprehensive report before the court, had failed to evoke any response by most of the departments.