HC quashes Charge Memo issued to an IAS officer

The Madras High Court today quashed a Charge Memo issued to an IAS officer accusing him of service misconduct, but rejected his prayer for declaring the All India Services (Conduct) Rules 1968 as unconstitutional.
The official Umashankar had challenged the Charge Memo slapped on him on January 19, 2009 for misusing his official position to secure appointment to his wife in a private company, with which he had official dealings.
The Central Administrative Tribunal had upheld the state government action, after which the aggrieved official challenged the Charge Memo and also All India Services rules.
A Division Bench, comprising Justice N Paul Vasanthakumar and Justice P.Devadoss, observed that since the misuse of power by the official was not proved, the allegation that he failed to get prior sanction on his wife accepting the employment with a private firm did not attract "misconduct" and quashed the Charge Memo.

The Bench further observed that rule 4 (2) (a) is not opposed to public policy or prohibit employment of the family members of the Government servant. There is no violation of the Constitution of India and the same cannot be declared unconstitutional or void.
Therefore the prayer to declare the said rule as unconstitutional and void is unsustainable, the Bench said.