Madras High Court stays order that had cited "Karma" while granting relief to constable facing punitive transfer

A Division Bench of the Madras High Court recently stayed a single-judge order that had invoked the principles of Karma while stopping an outstation transfer of a police officer [Inspector General of Police & Ors v. R Srimurugan]..Justices P Velmurugan and K Kumaresh Babu of the Madurai Bench passed the interim stay order after the State filed an appeal challenging the single-judge order passed on September 27..In her September order, Justice S Srimathy had directed the Inspector General of Police, Madurai as well as the State police department to transfer Srimurugan to the traffic department instead of transferring him to Tuticorin district, located 150 kilometres away from his current posting in Madurai. The single-judge had said that since Srimurugan was already facing several punishments following disciplinary proceedings and was taking home a meagre salary, the outstation transfer would add to his troubles. .Justice Srimathy had said that even the principles of Karma mandated that one must face the consequences of only such sins that are committed in one's present lifetime, and not for accumulated sins of one's past life cycles. "In the principles of Karma the Sanchita Karma (entire karma) is apportioned as Prarabdha Karma (portion of the karma) and punishment is imposed to undergo only for the Prarabdha Karma (portion of the karma)," the order under challenge had said..Before the Division Bench, the State government argued that Madurai police constable R Srimurugan was a habitual offender who had a "vindictive attitude" towards his seniors and showed "scant respect to the established norms" of the police service.The High Court said that the State had a prima facie case establishing that the relief granted to Srimurugan needed to be stayed."Considering the submissions made by the learned Additional Advocate General, we are of the view that the appellants have made out a prima facie case for grant of interim stay," the order stated..Additional Advocate General Veera Kathiravan and Additional Government Pleader A Kannan appeared for the Tamil Nadu government and the State police.Srimurugan or his counsel did not attend the proceedings..[Read Order]