Madras High Court Orders Complete Abolition Of 'Orderly System' From TN Police In Four Months

Justice SM Subramaniam today directed the authorities to ensure that the orderly system is completely abolished within a period of four months. The court also directed the authorities to remove the orderlies appointed in the residence of retired officials as the same amounts to illegality and a violation of the law.

Further, if any complaint/ information was received with respect to misconduct or offence by officials, the authorities were directed to conduct enquiry and initiate all appropriate actions under the relevant laws and under the Discipline and Appeal Rules.

With respect to illegal occupation of the official police quarters, the court directed to initiate steps for eviction in the manner known to law.

Background

The discussion regarding the orderly system ensued when the court was hearing a plea filed by an Assistant Commissioner of Police challenging the order of eviction from official quarters under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act of 1975 and rules of 1978.

The petitioner had challenged the order stating that he was not an illegal occupant as his present area of service also fell within the Chennai range. He had also submitted that he was not given an opportunity to present his case. Per contra, the respondent authorities submitted that the petitioner was given proper opportunities but he had not availed the same.

The court then questioned as to what action was taken against such higher officials who were committing such serious misconduct and illegality. Consequently, several instances of misconduct by higher officials were brought to the attention of the court. This included using Dark/Black films in vehicles violating the orders of the Apex Court. The practice of orderly system was also brought to the attention of the court even though the same was abolished in the year 1979.

The court deemed it necessary to interfere in the matter as there was no possibility of receiving complaints from the officials whose rights were being violated.

Thus, in the said context, when the writ on hand has been dealt with by this Court with reference to the unauthorised occupation of the police quarters by the higher police officials and other organised misconducts are brought to the notice of this Court and there is no possibility of complaint by any police personnel, whose Fundamental Rights are infringed on the hands of the higher police officials of the Police department, then the High Court, if not interfered, failing in its Constitutional duty to protect the Fundamental Rights of the citizens of our great Nation.

The court further held that by engaging in these menial works, the dignity of the subordinate last grade police personnel was being violated. Thus the practice was against public policy and violated Article 21 of the Constitution.

The dignity if infringed at the instance of the powerful higher police officials, then the poor subordinate last grade police personnels became voiceless and their life became misery, as they are forced to perform the household works, which is undoubtedly below the dignity of trained police personnel, who is expected to perform the duty of policing as per law, in the interest of public at large.

After the court took note of the issue, the Chief Secretary issued directions to the Director General of Police, who, in turn, issued appropriate circulars to remove Black Films from the official vehicles and to remove the unauthorised usage of Emblem, Department name etc.

The DGP also assured the court that all possible steps were being taken to abolish the orderly system and gave an undertaking that officials deployed in his residence were engaged only in official duties. Such undertakings were obtained from all higher officials serving in police departments across the state.

Observing that the higher officials required assistants on par with other All India Rank Officials, the court directed the authorities to come up with a proposal for making alternate arrangements. This exercise was to be done as expeditiously as possible for the benefit of higher police officials and for their effective and efficient functioning and performance of public duties.