CHENNAI: The Madras High Court on Thursday granted an interim stay on the Government Order which removed the chairperson and members of the Tamil Nadu Commission for Protection of Child Rights (TNCPCR). The stay will also apply to the press release calling for applications to fill the posts.
The stay was ordered on a petition filed by Saranya T Jayakumar, who was one of the members of the TNCPCR. The court said a case for the continuance of the present commission has been made out prima facie as the Commissions for Protection of Child Rights Act, 2005, does not indicate any possibility for wholesale dissolution of the commission.
Though Section 7 provides for removal of the chairperson and the members for reasons listed thereunder, it is subject to them having been given an opportunity to be heard. Admittedly, in this case, no show cause notices were issued either to the chairperson or the members. Since the commission has a three-year tenure and the petitioner assumed office on January 20, 2021, her time at the commission would end on January 19, 2024, said the order.
The order also mentions a letter from the National Commission for Protection of Human Rights to the chief secretary, which stated that the dissolution/cancellation of the commission is in contravention of the statutory provisions. The letter further asked for appropriate enquiry and action on the matter.
It may be noted that the Tamil Nadu government, in an order dated February 23, had removed the chairperson and members of the TNCPCR and allowed the secretary to call for applications to fill the posts.
Government Order
It may be noted that the Tamil Nadu government, in an order dated February 23, had removed the chairperson and members of the TNCPCR and allowed the secretary to call for applications to fill the posts