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2022 Supreme(Mad) 3017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
U. Manickavel - Appellant
Versus
State Represented by The Secretary, Home, Prohibition and Excise Department, Tamil Nadu, Chennai & Others - Respondent
W.P. No. 2627 of 2014
Decided On : 25-07-2022
For the Petitioner:M. Deivanandam, Advocate. For the Respondents:S. Prabhakaran, Government Advocate.
The main legal point established in the judgment is the need to enforce the abolition of the colonial orderly system in the Police Department, the misconduct involved in utilizing uniformed personnel as orderlies, and the importance of upholding constitutional principles and democratic values.
Headnote:
Orderly System - Police Department - The court emphasized the need to enforce the abolition of the colonial orderly system in the Police Department, as mandated by the Government Order issued in 1979. It highlighted that the misuse of official position by higher police officials, such as utilizing uniformed personnel as orderlies in their residences, constitutes misconduct and is in violation of the Government order. The court stressed the importance of upholding constitutional principles and democratic values, and called for strict and stringent actions against officials involved in such misconduct.
Fact of the Case:
The court addressed the enforcement of the abolition of the colonial orderly system in the Police Department, as mandated by the Government Order issued in 1979.
Finding of the Court:
The court found that the continued practice of the orderly system in the State of Tamil Nadu, despite its abolition, could develop a colonial mindset among higher police officials, which is not in line with the constitutional principles of the nation. It emphasized the misconduct involved in utilizing uniformed personnel as orderlies in violation of the Government order and called for strict disciplinary proceedings against such misconduct.
Issues: Enforcement of the abolition of the colonial orderly system in the Police Department, misconduct of higher police officials in utilizing uniformed personnel as orderlies, and the need for strict disciplinary actions.
Ratio Decidendi: The court's decision was based on the interpretation of the Government Order issued in 1979, the All India Service Conduct Rules, and the need to uphold constitutional principles and democratic values.
Final Decision: The court directed the Principal Secretary to Government, Home Department, to institute appropriate disciplinary proceedings against higher police officials involved in the misconduct of utilizing uniformed personnel as orderlies, and emphasized the need for strict and stringent actions to enforce the abolition of the orderly system.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to Form-C dated 07.01.2014 issued under Rule 8 of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Rules, 1978 by the third respondent herein.)
INTERIM ORDER
The learned Additional Advocate General appearing on behalf of the State made a submission that actions are initiated in all respects. Action for penal rent on the writ petitioner is also initiated.
2. The learned Additional Advocate General further contended that the good conduct of the higher police officials is being enforced by the Government and in respect of the misconducts, serious view has been taken by the Government and various instructions and circulars are issued through Director General of Police.
3. For instance, the Circulars to remove black films in the official vehicles to recall the orderlies from the residence of the serving officials and retired officials and further actions are taken to utilize the forces judiciously for the benefits of the public at large. Reconstitution instructions are also issued to the higher officials through the Director General of Police and therefore, the Government has taken actions effectively to enforce good conduct amongst the higher officials and to prevent any sort of abuse of power.
4. It is brought to the notice of this Court that the Government issued G.O.Ms.No.2231, Home (Pol-VI) dated 05.09.1979, abolishing the orderly system in Police Department. The decision was taken by the State Government pursuant to the decision taken by the Government of India in the Hon'ble Chief Ministers' Conference and the said Government Order is in force for more than four decades. Despite the fact that the colonial orderly system was abolished in the year 1979, unfortunately, the system continues in the State of Tamil Nadu and it is brought to the notice of this Court that many States have abolished and such abolition was implemented. However, in our State, though it is abolished, it has not been implemented scrupulously. The practice continues and the Court has to draw an inference that such practice would develop a colonial mindset amongst the higher Police officials, which at no circumstances, be appreciated as the Constitution of our great Nation was resolved by 'We, the people of India'.
5. No fresh circulars or orders are required to be issued by the Government of Tamil Nadu since these orderly system in Police Department was abolished by the Government on 05.09.1979 and alternate arrangements have provided to utilize the services of Office Assistants / Residential Assistants for the benefit of the higher officials and various allowances are being paid for their benefit as part of Service Conditions.
6. All India Service Conduct Rules, 1968 unambiguously stipulates that the misuse of official position is a misconduct and it states that “Refrain from doing anything, which is or may be contrary to any law, rules, regulations and established practices”. Therefore, if the higher officials utilized the services of the uniformed personnels as orderlies in their residences, it is a clear misconduct and in violation of the Government order issued in G.O.Ms.No.2231, Home (Pol-VI) Department dated 05.09.1979. Thus, the Principal Secretary to Government, Home Department, is 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. One of the conduct contemplated under the All India Services Conduct Rules is that “commit himself to and uphold the supremacy of the Constitution and democratic values”. Thus, utilizing the services of the uniformed person
