Menial jobs below the dignity of trained, uniformed security personnel: Madras High Court on orderly system

The Madras High Court recently directed the Union Ministry of Home Affairs to take strict action against all "higher officials" who continue to practice the colonial orderly system, by which constables or other junior security personnel are made to perform menial jobs at their homes or elsewhere [M Muthu v The Union of India]. .In an order passed on November 18, Justice SM Subramaniam said,"Human dignity is ensured under Article 21 of the Constitution of India. Right to life includes the right to live with dignity and all that goes along with it. The dignity if infringed at the instance of the powerful Higher Uniformed Authorities, then the poor subordinate, the last grade police personnel become voiceless and their life becomes 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 Home Ministry was directed to ensure effective implementation of its own orders as well as the High Court's previous order to eradicate the orderly system from the Armed Forces. .The Court was hearing a plea filed by a Central Reserve Police Force (CRPF) constable seeking that the disciplinary action dismissing him from service be quashed. He had been charged with dereliction of duties and other breaches by an internal disciplinary committee of his CRPF batallion. The petitioner said that he was dismissed from service was because of prejudice and personal vengeance that his seniors harboured against him, as he had refused to perform orderly services on several previous occasions..After going through the disciplinary committee's report and submissions of both parties, the Court concluded that the charges against the petitioner did seem unfounded, and that the authorities had failed to conduct an adequate inquiry into the allegations against the petitioner. Justice Subramaniam, therefore, quashed and set aside the petitioner's dismissal order. Instead, he directed the CRPF to impose a lesser punishment of reduction of pay by one stage for a period of one year without cumulative effect on the petitioner. He was also directed to be reinstate in service without back wages."The Constables are the backbone of the Force and their grievances are to be addressed and redressed in the manner known to law. Contrarily, the Officials are not expected to have a colonial mind set in the matter of practising orderlies in their personal residences or for performing their personal works."The Court also directed the Central government to act against officers indulging in the orderly system. "The respondents are directed to implement the orders of the Government of India dispensing with the orderly system in all respects and effectively. 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 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 order stated..Advocate Dr R Gowri appeared for the petitioner. The Central government's standing counsel Advocate A Murugan appeared for the respondents..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.