Chennai: The Madras high court has made it clear that if any construction is made beyond the plinth area as per the government order, the electricity connection in respect of all the portions has got to be discontinued immediately, as there is no permission at all.
“In the event of non-inspection of site by the officials, appropriate disciplinary proceedings for major misconduct shall be initiated against them for not maintaining absolute integrity and devotion to duty, which is unbecoming of a member of the service and such irresponsible officials should be dismissed from service”, said a division bench comprising Justices S.Vaidyanathan and Krishnan Ramasamy while passing orders on a petition from Mehraj Begum.
Writing the judgment for the Bench, Justice Vaidyanathan said before initiating action and dismissing from service, the officials must be transferred to a non-sensitive post and place and their dereliction should be entered into the service register, so that their promotions and other terminal benefits should be deprived. Before depriving the gratuity, an opportunity shall be given to the person concerned, as on technical ground, on the failure to give an opportunity, the persons who are involved in the act of moral turpitude etc., may be allowed to succeed to get the benefits, the bench added.
Noting that there was only one personnel in the cadre of additional secretary, in addition to the secretary to government, has been deputed for hearing the appeals (against the violated portions of the buildings), the bench said the appointment of only one person was not sufficient to give quietus to these matter, as he cannot be over-burdened and cannot be expected to hear appeals apart from doing his day-to-day administrative work. “Hence, we suggest that the government should create more posts, thereby appointing honest, efficient person with integrity and hard working officials to hear cases arising out of section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 and any other applications pending various sections of the said Act.
Those officials should exclusively deal with appeals and other proceedings falling under the Act and they shall not be given any administrative work, which will make them impossible to execute both the administrative as well as appellate side work to the fullest satisfaction”, the bench added.
