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TSBIE & CIE proceedings: Can an official have authority to order to ban & restrain staff not to talk to anyone?
TSBIE & CIE proceedings: Can an official have authority to order to ban & restrain staff not to talk to anyone?
A govt official can’t decide what constitutes criminal intimidation on a presumption; he can’t give orders who should & should not talk to one another
Hyderabad: Can a State government official have authority to order which results in a complete ban and restraining the employees not to talk to any particular individual and is it legally valid?
The issue came to the fore following the proceedings of the Commissioner of Intermediate Education (CIE), and Secretary of Telangana State Board of Intermediate Education (TSBIE) on January 31. It may be noted, that the proceedings were issued banning the entry of the Government Junior College Lecturers' Association president Dr P Madhusudhan Reddy into the office premises of TSBIE, CIE and the Colleges Complex, Nampally. Further, it was made clear that any attempt by him to enter any of the premises "shall be deemed to be criminal trespass with an intent to commit a criminal offence."
The proceedings also said, "any attempt to talk with officials/staff of TSBIE or CIE directly or indirectly shall be deemed to be a criminal intimidation." This the employees of the TSBIE and CIE find tough to comprehend.
Speaking to The Hans India, a senior official of Intermediate education pointed out that the proceedings meant to ban the entry of a person had resulted in suspecting the entire staff. Besides, indirectly imposing a ban on them to decide who they should talk to or not. How can talking "directly and indirectly" with someone on a presumption could be "deemed an act of criminal intimidation?" he asked.
When contacted, State High Court advocate Nitin Singh said, "the official may restrict the entry of a person into the office premises, but he does not have the authority to ban people talking to one another on a presumption."
Against this backdrop, the CIE and secretary TSBIE assumed speaking with officials or staff of the TSBIE and CIE, "directly or indirectly deemed to be criminal intimidation" is not only illegal, but also a government official has no authority to issue orders or direction, deciding 'what constitutes criminal intimidation and not' other than as laid out in the relevant laws.
