I.A.S. OFFICERS CAN USE DISCRETION AND BEND RULES
TO THE EXTENT NECESSARY TO SATISFY THE PEOPLE AT LARGE.
by S.SUBRAMANIAM (Retd.)

Government rules are there to be followed.  When occasion arises, they need not be strictly adhered to the very letter, when public demand requires a deviation of rules to satisfy their anguish.

    A democratic government is for the people, by the people & of the people.  The main theme of the Government is to take measures to satisfy the people at large and to keep them in good humour.  I give below two instances where I have deviated the rules to redress the grievance of the people at large.

    When I was the settlement officer Thanjavur in Additional charge, there was a case in which 7 or 8 advocates appeared for hearing.  The issue was issuing Patta for the houses constructed by the villagers about 40 to 50 years ago on devasthanam land in Vedaranyam.  The Devasthanam was seriously objecting to the issue of PATTA  for the houses owned paid any rent to the Devasthanam.  The house owners could not alienate the property (house) when occasion warrents.  The file was pending for more than 7 years without any final decision given.  The two previous settlement officers could not decide the issue.  After I took charge (additional charge), I heard both sides, inspected the row of houses forming a nice street and passed orders that in view of their enjoying the properties for a pretty no. of years without paying anything to the Devasthanam, the house owners should be given PATTA making the government to pay adequate DASTIK allowance for the extent lost by the Devasthanam by issue of PATTAS.  By this order, the house owners were able to get PATTA  for the sites enjoyed by them and the devasthanam was getting revenue every year in the form of DASTIK  allowance which was badly required to run the temple administration.  Since both sides were satisfied, there was no appeal on my orders.

    People are happy today and they got pattas for their houses.  Of course, it was a deviation of rules to satisfy people at large.

    When I was the Collector of Ramnad district the villagers of a village near Aruppukottai gave a petition to me asking for the supply of water to their lands from poramboku well having copious supply of water.  It was a revenue subject to be dealt with only by the District Revenue Officer.  Nevertheless I called for the file and perused it.  The well in question was in a poramboku land.  One "x" who had lands about 20 acres, around the well was enjoying its water for cultivation of his lands and did not allow even a single drop to go to other lands.  When the villagers approached the DRO,  he rejected their request summarily on the ground that "x" was using the water for his lands for more than 50 Years.  I inspected the site and found that the well in question could supply water even to 500 acres as there was spring in it and water was abundant.  So, I cancelled the orders of the DRO and issued orders that the water of the well could be used by one and all including "x".  He went on two appeals but my order was held valid.  During my career as IAS officer, I deviated the rules to the extent necessary in some cases in order to satisfy the demands of the public at large.  The point to be noted is that not one of my orders was cancelled.