ECI can Take Action Against Employees Who Violate MCC: HC

Hyderabad: The Telangana High Court on Monday made it clear that the Election Commission of India (ECI) has the powers to take action against employees who have violated the Model Code of Conduct (MCC).  

The court said whether or not such suspended employees violated the MCC shall be determined by a departmental enquiry.

The court was not inclined to determine the validity of specific directions by the ECI to suspend or remove government employees for violating the MCC.

The court said that the government or a competent authority should take a call on such suspensions by following the due process of law like initiating departmental proceedings, including an inquiry. ‘This process shall be completed within a time frame…as the suspension cannot be for an indefinite period’, the court said.

The division bench, comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, was dealing with a petition filed by Boinpally Manohar Rao, MD of TS Tourism Development Corporation (TSTDC) who was under suspension following ECI directions. The poll panel took exception to the official accompanying the then minister Srinivas Goud on a trip to Tirumala.

Rao’s counsel argued that the ECI has no authority to instruct or give directions to suspend an employee for violating MCC guidelines. He submitted that the commission has the powers to recommend disciplinary action for dereliction of duties. He pointed out that without giving an opportunity of hearing, ECI cannot order suspensions.

Avinash Desai, senior counsel representing ECI, submitted that under Article 324 of the Constitution, the ECI has given authorities of control, directions and superintendence of the elections.

After an elaborate hearing, the High Court clarified that it was not inclined to decide the suspension on the employee cannot be an indefinite period. Hence, the competent authority shall take a call on whether such suspension can be continued or not by a departmental enquiry. The court adjourned the matter to December 19.