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Uniformed Personnel Expected To Perform Combatant Duty, Menial Jobs Below Their Dignity: Madras HC On Orderly System

Upasana Sajeev

23 Nov 2022 12:25 PM IST

    • Uniformed Personnel Expected To Perform Combatant Duty, Menial Jobs Below Their Dignity: Madras HC On Orderly System

    The Madras High Court recently observed that trained Uniformed Personnels, under no circumstances, can be utilised to perform the menial job in the residences of Higher Authorities. Justice SM Subramaniam remarked that trained Uniformed Personnel are expected to perform the combatant duty and other law and order duties in the interest of public at large. It added that forcing them to...

    The Madras High Court recently observed that trained Uniformed Personnels, under no circumstances, can be utilised to perform the menial job in the residences of Higher Authorities.  

    Justice SM Subramaniam remarked that trained Uniformed Personnel are expected to perform the combatant duty and other law and order duties in the interest of public at large. It added that forcing them to perform menial jobs in the name of orderlies is below their dignity.

    "The dignity if infringed at the instance of the powerful Higher Uniformed Authorities, then the poor subordinate, the last grade police personnel became voiceless and their life became misery, as they are forced to perform such menial job in the name of orderlies, which is undoubtedly below the dignity on the trained Uniformed Personnel, who is expected to perform the combatant duty and other law and order duties in the interest of public at large."

    The bench has therefore directed the Home Ministry to take strict action against higher officials whenever an incident of practicing orderly system is reported. It also directed that apart from taking departmental action, the salary payable to officials engaged as an orderly must be recovered from the errant higher official.

    In the event of receiving any complaint from any person, regarding the colonial practice of orderlies for personal works, then actions are to be initiated under the Discipline and Appeal Rules and also under the Law. That apart, the salary payable to the Government employee, who was made to serve as orderly should be recovered from the Officer concerned immediately by following the procedures. Recovery of salary must be in addition to the departmental action.
    The court was hearing a petition filed by a Central Reserve Police Force (CRPF) constable challenging his dismissal service following a departmental enquiry. The petitioner had contended that the enquiry was not conducted properly and that the order of punishment was a result of personal vengeance. He submitted that since he had refused from performing orderly duties, the higher officials had imposed a higher punishment on him compared to other constables with reference to similar allegations.
    After hearing both the parties and going through the materials on record, the court was satisfied that findings of the Enquiry Officer was not based on acceptable evidence. Further, the punishment of dismissal from service was not proportional to the allegations raised against the petitioner. The court also found that the petitioner was discriminated in the manner of imposing penalty at par with other delinquent.
    Thus, the court quashed the impugned order and directed the petitioner to be reinstated into service with continuity of service. The court also directed the respondents to impose a lesser punishment of reduction of pay by one stage for a period of one year without cumulative effect.
    Further criticising the orderly system, the court observed that engaging trained uniformed personnel to do such menial jobs at the residence of the higher officials affected their dignity thus violating Article 21 of the Constitution.
    The trained Uniformed Personnels, at no circumstances, be utilised to perform the menial job in the residences of the Higher Authorities or to do their personal works. The very concept is based on public policy and directly in violation of Article 21 of the Constitution of India as it affects the very dignity of the trained Uniformed Personnels, whose public duties are to maintain law and order to perform their combatant duties in the Force.
    On 23rd August, the court had directed complete abolition of the orderly system from the State 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.

    Case Title: M Muthu v Union of India and others

    Citation: 2022 LiveLaw (Mad) 474

    Click here for the judgement
    Tags
    Madras High CourtJustice SM SubramaniamOrderlies
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