Madras High court
Service - Section 4(1) of the Tamil Nadu Prohibition Act - Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules - Petitioner was a sub-inspector of police and an amount was sought to be recovered from him by the State Govt. giving a show cause notice holding him responsible for an illegal detention - Whether the petitioner can be made liable to compensate the state government for damages awarded in a case for an illegal detention by the petitioner?
K. Nagarajan v. Superintendent of Police (Decided on 08.01.2010) MANU/TN/0010/2010
Held, in any event, when there is liability fixed on the State for payment of compensation, the petitioner, who was directly responsible for the State's liability to pay the amount, is also bound to make good the loss. Under the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, recovery of loss sustained by the State can also be inflicted as a penalty after giving a show cause notice. This court in an earlier case, after referring to various decisions of the Supreme Court, held that there was no illegality in ordering recovery from the salary of the guilty Government servant if any liability is fell on the State. Petition Dismissed.