Citing a Supreme Court decision on a civil appeal— Deputy Director of Collegiate Education, Administration, (Madras) Appellant vs S Magoor Meera— a communiqué by the State Revenue Department made this clear and requested to ensure compliance of these instructions, failing which the erring official would be held responsible for any financial loss by way of making payment from the state exchequer to such convicted employee(s).

The communiqué, dated February 14, a copy of which was also sent to the Director, Land Records, Punjab, Jalandhar, said there had been ambiguity in various offices of deputy and divisional commissioners over the issue and “these appointing authorities reinstate the convicted patwaris or the kanungos”.

It added some DCs had sought clarification from the government on the issue. The department of personnel and administrative reforms had issued instructions to commissioners, DCs and SDMs way back in 1998 and guidelines issued now by the Revenue Department are based on them.

“What is really relevant is the conduct of the government servant which has led to his conviction on a criminal charge… Until the conviction is set aside by the appellate authority or other higher court, it is not be advisable to retain such a person in service,” said the 1998 instructions, quoting the Supreme Court decision, wherein two judges had set aside the order of Tamil Nadu Administrative Tribunal.