Public servants should show courage as displayed by IAF pilots in air strikes: Madras HC

The Madras High Court Tuesday said every public servant was expected to show courage in discharging their duty as displayed by the IAF pilots in targeting terrorist camps in Pakistan. Justice S M Subramaniam made the observation while dismissing a petition by a male government nurse who challenged his transfer on the grounds that he had family-related problems.

This court would like to remind the bravery shown by our Indian Air Force (IAF)pilots in targeting enemy terrorists camps in Pakistan. "The petitioner, a Staff Nurse and a Public Servant, also is expected to show such courage and braveness in performing his duties," he said in his order referring to the recent air strikes on Jaish-e-Mohammed (JeM) terror camps in Balakot, Pakistan. If such mindset was developed in public service, there would be no room for corrupt activities, he said.

R Sreenivasan, working as staff nurse in a government hospital in Coimbatore district, challenged his transfer to Vellore district, alleging that it was out of vengeance by the authorities as he was an active member and office-bearer of Tamil Nadu Government Contract Nurses Welfare Association. He also said his transfer would affect his family as he was having a three-and-half-year-old child. Rejecting the contentions, the judge said if reasons like welfare of children and aged parents were to be raised, people should not opt for public service.

Under these circumstances, this court, would suggest the petitioner serve the nation in the place where he was posted in the interest of public with full devotion to duty, Justice Subramaniam said. He also said transfers on administrative grounds cannot be challenged in a routine manner and it was not for the authorities to spell out reasons for such movement of staff. Administrative grounds can be challenged if the order had been issued by an incompetent authority or on allegations of mala fides or if it was violative of service rules.

The Judge further said frequent interference by the Constitutional courts in such matters would paralyse the peaceful functioning of the administration and hence they should exercise restraint. He said every family in the country got problems in one way or other and they have to solve them and lead their life with happiness and peace. Holding that the petitioner had not established any acceptable legal ground for considering his plea, the Judge said if at all, any grievances were to be redressed, it was open to him to approach the competent authority in the manner known to law.

(With inputs from agencies.)