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2011 Supreme(Mad) 2655
High Court of Judicature at Madras
K. CHANDRU
K. Ramanathan
Versus
The Joint Director (Hr.Sec) of School Education Directorate of School Education & Others
Writ Petition No.1100 of 2010 & M.P.Nos.2 & 3 of 2010 & Contempt Petition No.524 of 2011
Decided on : 07-06-2011
For the Petitioner:G.B. Saravanabhavan, K. Ramanathan, Advocates.
For the Respondents:A. Suresh, Government Advocate.
Government servants have the right to publish work of art even without permission, and their civil rights are protected by the Constitution.
Headnote:
Government Servants' Conduct Rules - Disciplinary Action - Rule 8(4) - The court set aside the impugned order imposing a penalty on the petitioner for publishing a play without permission, citing the protection of civil rights guaranteed by the Constitution and the specific rights for government servants to publish work of art even without permission.
Fact of the Case:
The petitioner, a government school teacher, was penalized for publishing a play without permission. The petitioner contested that the play was written before joining government service and had not contravened any rules.
Finding of the Court:
The court set aside the penalty, citing the protection of civil rights guaranteed by the Constitution and the specific rights for government servants to publish work of art even without permission.
Issues: Penalty for publishing a play without permission, protection of civil rights for government servants.
Ratio Decidendi: The Constitution does not exclude government servants from the protection of civil rights, and the rules provide specific rights for government servants to publish work of art even without permission.
Final Decision: The impugned order imposing a penalty on the petitioner was set aside, and the writ petition was allowed. The contempt petition was dismissed.
1. The writ petition was filed by the petitioner seeking to challenge the order dated 22.12.2009 of the first respondent Joint Director of School Education (Hr. Sec). By the aforesaid order, the first respondent imposed the punishment of stoppage of three increments for a period of three years with cumulative effect.
2. The writ petition was admitted on 22.01.2010. Pending the writ petition, this Court granted an interim stay of all further proceedings Aggrieved by the interim order, the respondents have filed a vacate stay application in M.P.No.3 of 2010 together with supporting counter affidavit dated 08.04.2010.
3. In the meanwhile, the petitioner filed a contempt petition being Cont.P.No.524 of 2011 seeking to punish the fourth respondent Headmistress, Government Girls Higher Secondary School, Valappadi, Salem District for floating the orders of this Court. Despite reminders were sent to the respondents, the annual increments are withheld.
4. When the contempt petition came up for hearing on 05.04.2011, the petitioner, who is appearing in person, was absent and it was directed to be posted along with the writ petition, since the order passed by this Court was only an ex-parte interim stay and vacate stay application was also pending.
5. It is the case of the petitioner that he was appointed as a P.G. Assistant at Government Higher Secondary School at Thalaivasal, Attur Taluk, in the year 1999. Subsequently, he was transferred to several places and lastly, during June 2004, he was posted at Valappadi school. The petitioner, apart from his teaching course, is also having academic interest by writing several articles on general subjects. Even during his college days, he was writing many articles. He is also an author of a Tamil play in the name of "KARAIYUM URUVANGAL" (TAMIL). The said play was scripted by him even before he joined the fourth respondent school.
6. During the year 2006, the play viz., "KARAIYUM URUVANGAL" (TAMIL). was brought over in a printed form. That is, the said play was printed only for the purpose of sending it for a Book Selection Committee of Tamil Nadu, which consider such plays, only when the creative work is in the printed form. Despite several letters were sent to the Director of Public Libraries asking him to recommend for purchase of the said books for sending it to various libraries, no reply was given to him. His book was not selected by the Book Selection Committee constituted by the second respondent, namely, the Director of Public Libraries. He sent several letters to the second respondent and also sought for information under the Right to Information Act. He finally sent a letter dated 22.12.2007 and a reminder on 04.05.2009.
7. In the last letter, he informed the second respondent about his proposed legal action. The second respondent, angered over the terror of the letter, made a complaint to the first respondent by a communication dated 11.08.2009. Based upon the said complaint, the first respondent issued a show cause notice dated 20.10.2009. It is stated therein that the petitioner while writing the play "KARAIYUM URUVANGAL" (TAMIL) did not get permission from the Department and that he had also in his communication dated 22.12.2007 threatened the Director of Public Libraries about the legal action. Since there were irregularities in the procedure adopted by the Book Selection Committee, reply to his letters were not given. He is likely to initiate action, which may result in penalty on the Director of Public Libraries, which was considered by the first respondent in his communication amounts to contravention of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
8. Therefore, a show cause notice was issued to the petitioner under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The petitioner in receipt of the said show cause notice, sent a reply dated 10.11.2009 to the first respondent stating that the play was written by him even before
