"Colonial Mindset": Madras High Court Directs Implementation Of Abolition Of Orderlies System In Police

The court was making the above observations in respect of a petition regarding overstay in government quarters, in violation of rules.

Every day we are speaking about the conduct of Inspector, sub-inspector, constables, etc. Have you ever come across misconduct of higher officials? It is very rare. Courts are not taking up that issue for obvious reasons. The fact remains that very rarely does misconduct of higher officials come to light. If their conduct is not maintained, how will we check the conduct of the force that is under their control?

Justice SM Subramaniam took note of a Government Order issued in 1979, abolishing the orderly system in Police Department. The decision was taken by the state pursuant to the decision taken by the central government in the Chief Ministers' Conference. Despite being in force for more than four decades, this GO has not been implemented. The court also noted that many other states have abolished and it has been implemented. Unfortunately, in Tamil Nadu, even though the orderly system was abolished for more than four decades, it has not been implemented.

The Additional Advocate General submitted that they were working towards the same.

"Not Working. You should immediately do it. Any uniformed police officer working at the residence of higher officials should immediately join the services."

The court opined that no fresh circulars or orders were required to be issued by the Government since the system of orderlies was already abolished by the Government in 1979 and alternate arrangements were provided to utilize the services of Office Assistants/Residential Assistants for the benefit of the higher officials and allowances were being paid for their benefit as part of Service Conditions.

The court noted that All India Service Conduct Rules, 1968 clearly stipulate that the misuse of an official position is misconduct and it states that "Refrain from doing anything, which is or may be contrary to any law, rules, regulations and established practices". Therefore, the Principal Secretary to Government, Home Department was mandated to institute appropriate disciplinary proceedings in the event of any violation of the Government orders or commission of misconduct under the All India Services Conduct Rules, 1968.

The Government Orders issued in the year 1979 cannot be allowed to remain in paper. It must be implemented in its letter and spirit in order to uphold the constitutional principles, the court said.

The court also appreciated the efforts already taken during the interregnum period as the government had issued various instructions to control this ill menace. These instructions, however, remained to be enforced fully.

The court also directed the higher officials to voluntarily surrender all the orderlies which will show their real courage in terms of accepting the good conduct in accordance with the All India Services Conduct Rules. The subordinates were also given the liberty to send a complaint or inform the government regarding any misuse or abuse of power by the higher official or usage of orderlies in their residence. Upon receipt of such information, the Principal Secretary was to initiate action under the Conduct Rules.

Case Title: U. Manickavel v. State rep. by Secretary and others

Case No: WP No. 2627 of 2014