Discharging Official Work Will Not Amount To Violation Of Human Rights: Madras High Court Sets Aside SHRC Order

The bench of Justice SS Sundar and Justice N Senthilkumar thus set aside an order passed by the State Human Rights Commission directing the Central and State governments to compensate a former Junior Clerk of the Central Institute of Brackishwater Aquaculture (CIBA).

The bench was hearing petitions filed by the Director and the Administrative Officer of the CIBA and a petition filed by the Inspector of Police, CB-CID challenging an order of the SHRC.

Background

The original complainant before the SHRC was Usha Rani, who was appointed as Junior Clerk and later promoted to Senior Clerk in CIBA based on her community certificate declaring that she belongs to the Scheduled Tribe community (Sholaga community).

After the Administrator PK Manimandram took charge, finding that Rani's community certificate was not verified, the community certificate was sent for verification and inquiry conducted. Following inquiry, Rani was terminated from service. The Central Administrative Tribunal, however set aside the termination and directed reinstatement.

Usha Rani had filed complaint before the SHRC alleging that Manimandram started making advances towards her.

The court agreed with the petitioner's submission and noted that though Rani was successful in her petitions, it did not mean that Manimandram had exceeded his limits. The court noted that the Administrator had only tried to verify the genuineness of the community certificate through which the employment was confirmed.

The court also observed that Rani had filed a complaint only in 1999 alleging that Manimandran was making advances towards her since his appointment in 1996. Thus, the court remarked that the complaint was only an after thought.

The court also observed that the SHRC had taken cognizance of the incident without jurisdiction as contemplated under Section 36(2) of the Protection of Human Rights Act 1993, as one year had already passed since the alleged incident had taken place.

With respect to the Director of CIBA, the court noted that the Director had only forwarded the community certificate for verification which was part of his official work. Thus, the court observed that there was not an iota of material to show that the Director had committed any human rights violation.

“We are aware that the Writ Petitioner Dr.G.R.M.Rao has only forwarded the complaints or forwarded the community certificate for verification, which is nothing but his official work. Discharging an official work will not amount to violation of human rights. In the absence of any specific allegation against the Writ Petitioner Dr.G.R.M.Rao, we are unable to see that there is an iota of material of human rights violation against the Writ Petitioner Dr.G.R.M.Rao,” the court observed.

With respect to the police inspector, the court noted that the officer had registered an FIR based on the complaint received by him in his official Authority. The court observed that registration of FIR and effecting arrest is a prerogative right of the Investigating Officer and such an action is not a violation of human rights.

Thus, the court allowed the petitions and deemed it fit to set aside the order of the SHRC

Counsel for Petitioner: Mr.S.R.Sundaram, Senior Central Government Standing Counsel

Counsel for Respondent: Mr.B.Damodaran, Mr.B.Suresh Kumar

Citation: 2024 LiveLaw (Mad) 219

Case Title: PK Manimandram Others v State Human Rights Commission

Case No: W.P.Nos.8516, 6857 and 8169 of 2001