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HC raps TN police for not removing ‘orderlies’
The high court also sought an explanation from the director general of Tamil Nadu police by August 18.
The Madras high court on Friday expressed its disappointment and anger that only 19 police personnel working as “orderlies” at homes of senior Indian Police Service officers were removed, despite its June order to totally wipe out this colonial slavery system.
The high court also sought an explanation from the director general of Tamil Nadu police by August 18.
Justice SM Subramaniam came down heavily on the practice, saying when India is about to celebrate its 75th Independence Day, higher police officials of Tamil Nadu are still following a colonial slavery system.
“It is painful to pen down that the colonial slavery system of extracting household and menial works in the residences of the higher police officials are still prevailing in Tamil Nadu. It is a slap on the Constitution and the democracy of our great nation,” the court said. “It is an issue to be considered seriously.”
The justice said the public has a right to question this “mindset of the higher officials” as uniformed trained police personnel were doing this at the cost of the taxpayers’ funds.
“The Indian Constitution, its spirit, philosophy and ethos, declares that every citizen of our great nation is a “queen or king”,” the court said. “No public servant can imagine or live in a world of Mughal emperors and all such authorities under the Constitution are ‘public servants’ and they are bound to serve the public…”
Justice Subramaniam said it was “needless to state that indisciplined higher police officials lose their morale in enforcing discipline in uniformed forces, more so against their subordinate officials.”
Criticising the Tamil Nadu director general of police (DGP), who is suo moto impleaded in the petition, the court directed him to file a status report by August 18. “This court is of an opinion that the slavery system of engaging uniformed police personnel in the residences of the higher officials must be abolished forthwith, failing which, this court will have no option, but to opt for other course of action under the provisions of the Constitution.”
The judge passed this interim order on a petition filed by U Manickavel. The Tamil Nadu government, in pursuant to a nationwide decision taken during the chief ministers’ conference, abolished the “orderly system” on 5 September 1979 in a government order. Further, the principal secretary of the home department issued a clear mandate, through his letter dated June 16 this year pursuant to the directions of the Madras HC.
“When the government orders are not followed scrupulously in its letter and spirit, an inference is to be drawn that higher police officials are not functioning under the effective administrative control of the government,” the court said, adding the integrity of the police department is in question.
The additional advocate general appearing on behalf of the respondent departments of the state submitted that the DGP issued a memorandum on August 5 instructing the police officials to strictly follow the government orders and the interim orders passed by the high court against the usage of police personnel for household work.
The police informed the court that 19 police personnel have withdrawn and put on regular departmental duties.
The court, however, said it is aware of the fact that a large number of uniformed police personnel are still being used as orderlies. “The director general of police, except by issuing a memorandum, has not ensured that the uniformed police personnel are withdrawn from the residences of the police officials,” the court said in its order.
“Mere communication and inter-departmental communications are insufficient. Implementation of the orders of the government is of paramount importance. Once the government issues an order, it is needless to state that the Police department has to follow it scrupulously, failing which, they are liable to be prosecuted under the service rules. The effective administrative control of the government departments is the constitutional mandate.”
