Cannot withhold official's promotion without giving chance for explanation, rules Madras HC

CHENNAI: The Madras High Court quashed the adverse remarks made in the annual confidential report (ACR) against the district revenue officer, Chennai, for the alleged offence of causing loss to the State exchequer by fixing lesser values to the properties against the market value.

“Without giving an opportunity to the petitioner, the secretary to commercial taxes registration passed the order to withhold the official’s promotion, followed by the adverse remarks, is against the principle set down by the Supreme Court,” held Justice V Bhavani Subbaroyan while allowing the petition moved by V Saradha Rukmani, district revenue officer (DRO) stamps, Chennai.

Besides, the petitioner, who got 9 out of 10 marks for her performance in the previous year and the very next year, gave adverse remarks and withholding her further promotion without hearing her case cannot be allowed by the court, wrote the judge while quashing the ACR.

In August 2023, the secretary of the commercial taxes registration department made adverse remarks in the ACR of the petitioner as she fixed a lesser price compared to the market price of the land. Hence, she caused a loss of Rs 9.47 crore to the State exchequer, alleged the secretary.

Following that, the promotion of the petitioner was withheld as the inspector general of land registration decided to review all the properties where the petitioner fixed the price.

The petitioner advocated that she had received good remarks in previous years, with a 9 out of 10 score for her performance. However, the secretary disagreed with the comments and made adverse remarks despite her having collected Rs 1.31 crore deficit stamp duty.

The authority cannot withhold the promotion without hearing the petitioner as it does not align with the principles of the Supreme Court, wrote the judge, and directed to obtain remarks from a different authority other than the secretary.