The court considered the principles of Karma and the reformative theory of punishment in balancing disciplinary action with the well-being of the petitioner, a police officer.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the entire records in connection with the impugned order passed the first respondent vide proceedings Ref. No. C.No.A1 /4159 / 2022, Z.O.No: 202/2022 dated 04.08.2022 and consequential order passed by the second respondent vide proceeding Ref. No: C.N: 244 / 30773 / A2 / 2022, CPO No: 1251/2022 dated 05.08.2022 and quash the same.)

1. This Writ Petition has been filed to quash the impugned order passed by the first respondent vide proceedings, dated 04.08.2022 and consequential order passed by the second respondent vide proceedings, dated 05.08.2022.

2. The brief facts as stated in the affidavit are that the petitioner joined the Police Department as Grade-II Constable in the year 2003. The petitioner met with a serious accident in the year 2011 and sustained head injury and the petitioner was admitted in hospital unconscious state, hence the petitioner was granted medical leave. The petitioner was allowed to join duty after he was discharged from the Hospital. The contention of the petitioner is that frequently, the petitioner gets giddiness and unbearable headache like that of migraine. Therefore, on a few occasions, the petitioner has taken medical leave without following the proper protocol. Therefore, several proceedings were initiated against the petitioner and the petitioner suffered series punishments. Even though the petitioner had medical records to support the case, the petitioner did not prefer any statutory appeal as against the punishment order. However, the petitioner challenged all the 13 punishments by way of filing Writ Petition before this Court. Finally, the Division Bench of this Court heard all the cases and pleased to confirm the punishments, but had set aside all the Government Orders passed by the Additional Chief Secretary to Government, Home (Police VI) Department, Chennai and directed him to pass a lesser punishment cumulatively. In spite of the time limit granted to pass such orders, the respondents have not passed the order. Hence, the petitioner preferred Contempt Petitions in Cont.P.(MD)Nos. 1731 to 1743 of 2021. Thereafter the Government has passed a Government Order, wherein it is stated that if any proceedings are initiated under Rule 39(a), it would be considered by the Government to quash the punishment or either impose lesser punishment. However, the scheme was denied to the petitioner and 13 new Government Orders were passed, thereby, reducing the impact of the punishments. Recording the submissions, the said Contempt Petitions were closed granting liberty to the petitioner to challenge the new Government Order. Challenging the same, the petitioner had filed writ petitions in W.P.(MD)Nos. 14753 to 14764 of 2022 and the same are pending.

3. The contention of the petitioner is that the petitioner is instrumental to prepare and enforce 54 Detention Orders under the Tamil Nadu 14 Act (Goondas) and he has dedicatedly discharged his duties. This was taken into consideration by the Hon'ble Division Bench in its order. The petitioner further contended that he is an honest police person and at no point of time, he had yielded to any pressure either by the superior or by any other person and he has discharged his duties in accordance to his conscious and he is not amenable even if he faces harassment at various levels. The petitioner was subjected to at least 4 transfers internally within a short span of 18 months and the same is extracted hereunder:

4. When the petitioner was working in C-3 S.S.Colony Police Station, the petitioner was transferred to V-2 Avani