Public Servants Should Not Use Mobile Phones During Office Hours For Personal Use: Madras High Court Orders Govt To Frame Regulations

Madras High Court has criticised the public servants who utilise mobile phones and cameras during office hours unnecessarily and directed the Government authorities to frame regulations in line with the Tamil Nadu Government Servants' Conduct Rules, 1973.

Justice S.M Subramaniam of the Madurai Bench was hearing a plea made by a Superintendent in the Tiruchirapalli Regional Workshop (Health) who wanted a direction to revoke her suspension and quash the order passed by the Director, Tamil Nadu State Health Transport Department.

Since the respondent state authorities made a submission that most of the public servants are using mobile phones and cameras in government offices, the court wondered if the employees are performing their duties and responsibilities as expected of them.

"...If such indiscipline and misconduct are allowed to be continued, no doubt, they are committing the greatest sin to the public by getting tax payers' money as huge salary. Therefore, the Government is duty-bound to ensure that the public servants are not wandering with mobile phones inside the office during office hours and it is to be regulated in accordance with the Tamil Nadu Government Servants' Conduct Rules, 1973", the court underscored in the order.

In the set of directions given by the court, the Secretary to Government (Health, Medical and Family Welfare Department), the Director of Public Health and Preventive Medicine and the Director (Tamil Nadu State Health Transport Department) have been asked to issue a circular to subordinate officers across Tamil Nadu. The Circular intends to regulate the usage of Mobile Phones and Mobile Cameras inside the Office premises during office hours. The court also added that those who neglect the Circular must be subjected to strict action under the relevant Tamil Nadu Government Servants' Conduct Rules,1973.

Another direction issued by the court is the framing of regulations regarding mobile phone use and carving out the exceptions that would be applicable for field officers and other authorised officials.

The court has asked the officials to comply with the above directions in four weeks. The matter has been posted for 13th April for reporting compliance.

The petitioner was accused of filming the employees and other officials inside the office premises with her mobile camera, which she continued even after repeated warnings from the Superior Officer. On the day of the incident, the superior officer prevented her from taking the video, picked up the mobile phone and handed it over to the Watchman for safe custody. According to the respondent authorities, the petitioner became violent after this and proceeded to attack the superior officer. Though the officer escaped from the assault, the watchman behind him ended up getting bitten by the petitioner.

While rejecting the petitioner's plea for quashing the suspension order, Justice S.M Subramaniam also added that the allegations against her must be investigated promptly by following the due procedure.

While considering the plea, the court opined that using mobile cameras inside office premises disrupt the work and cause disturbances to other officials. The single bench also termed the case at hand as 'a classic case' of indiscipline arising out of unwarranted use of mobile phones during office hours.

It said that using mobile phones and taking videos inside the office is a "grave misconduct".

"The officials working in the Government Departments should never be allowed to use mobile phones inside the office for their personal use. If at all any emergency call is to be attended, proper permission must be obtained from superiors to go out from the office and use mobile phones. In all circumstances, the mobile phones must be either switched off or kept in vibration / silent mode, without causing any disturbance or nuisance to be public, who all are attending the office as well as the other officials working in the office", the court clarified.

According to the court, it is therefore essential that the government frame the regulations and keep the officers' mobile phones in a common cloakroom at the time they are entering the office. Alternatively, the officials/ public servants can make use of the official numbers kept in the offices for emergency calls, the court further added.

Case Title: D.S. Radhika v. The State Represented By Secretary to Government & Ors.

Case No: W.P.(MD) No.2476 of 2022 and W.M.P.(MD) No.2177 of 2022

Citation: 2022 LiveLaw (Mad) 99

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