Public servants must be utilized exclusively for public duties, and any misuse for personal tasks by officials is impermissible.

ORDER :

(Order of the Court is made by S.M.SUBRAMANIAM, J.)

The writ of mandamus has been instituted to direct the respondents to decide the representation submitted by the petitioner on 29.09.2024.

2. The writ petitioner is the wife of convict prisoner, Mr.Vigneshwarperumal, S/o. Madasamy. The petitioner raised several allegations against the prison administration including engaging the prisoners and prison warders for household works by the higher authorities of prison. On account of the deployment of uniformed personnel for household work in the residences of the higher authorities, the prison administration suffered, which resulted in improper maintenance of prisoners inside the prison across the State of Tamil Nadu.

3. Some of the complaints made are that proper food has not been provided, prison was overcrowded and no steps are taken to provide suitable relief to the prisoners inside the prison as per the rules. Inconvenient and unhygienic situations causing the risk of infections amongst the prisoners are also the concerns raised by the petitioner in the present writ petition. Importantly, as per clause 4.02 of the Prison Manual, there should be one guard for every six prisoners. In the Central Prison-2 at Chennai, 203 Prison Warders should be working including those currently suspended. These Warders are required to operate in three shifts, with 60 Warders per shift. However, in reality, only 15 Warders are deployed per shift. The remaining guards are assigned to work at the residences of the Chief Prison Officers, including the DGP, IG, DIG, SP, Ad.SP and three Jailors.

4. In view of the serious allegations raised against the prison administration, this Court directed the Government to look into the matter and initiate all appropriate actions. The Government considering the gravity of the allegations and to maintain jail administration intact and in accordance with the rules, issued G.O.Ms.No.642 Home (Prison-2 ) Department dated 22.11.2024. The Director General of Police and Head of Police Force , Chennai had issued a memorandum to the Inspector General of Police, CBCID and Intelligence on 14.12.2024 to conduct an elaborate enquiry about the prison authorities, who have engaged the uniformed personnel/public servants for their residential works or personal works, in all the Prisons across the State.

5. In view of the Government Order and the consequential instructions issued by the DGP, this Court granted time to conduct an enquiry by the CBCID and the Intelligence.

6. After conducting an enquiry, status report has been filed on behalf of the first respondent/Additional Chief Secretary to Government, Home, Prohibition & Excise Department dated 30.01.2025. The comprehensive report filed by the Government reveals that elaborate enquiry was conducted by the CBCID and Intellligence and the irregularities, illegalities found in prison departments are addressed and measures are taken to correct all such illegalities and irregularities.

7. The report filed by the Government states that presently, no prison warders are engaged to attend the household works/personal works of the officials attached to the prison department. It will be relevant to extract para 9 of the status report, which reads as follows :

" 9. It is respectfully submitted that, during the course of enquiry, the DSPS/AEOs have thoroughly enquired the allegations by visiting the respective Central Prisons, perusing the connected records and examining the witnesses. After completion of the enquiry, each DSP/AEO has submitted his/her report and the reports are enclosed.

i. Tr. M. Prabhu, DSP, OCU-I, CB CID, Chennai has visited the Central Prisons-I & II, Special Prison for Women, Puzhal, Redhills, Chennai, examined witnesses, recorded their statements and collected relevant records. In his enquiry report, he has concluded that "The detailed enquiry conducted by CB CID has revealed that the warders were deputed for duties on three shifts inside the prison at various points