Police officers expected to maintain clean service records as well as clean personal life: Madras High Court

Police officers are expected to maintain clean service records as well as a clean personal life, remarked the Madras High Court recently while dismissing a plea to reinstate a woman police constable who was removed upon finding that she had entered into a bigamous marriage with a man whose wife was living at the time. .The Court's order states, ."The public servants, more specifically, the police personnel are enjoying a special status in the Society. By virtue of the status, they are not only getting certain preferences in the Society but they are vested with the powers of detention and registering cases. When such wide powers are vested with the police officials to fight against the offence in the Society, they are expected to maintain clean service records as well as clean life.".The personal and public lives of public servants are tied to each other, Justice SM Subramaniam opined, adding that "the adverse consequences of not maintaining both in a balanced manner would affect the efficiency level of the public servants.".His order further states,"... personal life would have an impact in the performance of the official duties of the public servants. There may be difference of opinion in this regard that the 'public life' and the 'private life' cannot be compared with. Whether it is compared or not compared, accepted or not accepted, we like it or do not like it in reality, the fact remains that 'personal life' and 'public life' are interconnected to a large extent and interlinked in many ways, while dealing with the Society at large and at the time of performing the public duties.".The Court added that persons of integrity and honesty alone can perform the public duties at the expected level, so as to achieve the Constitutional goal of efficient public administration.."Corruption, bias, favoritism and nepotism, which all are unconstitutional phenomena, can be eradicated or atleast minimized, only if the men and women of integrity and honesty are appointed in public services. Even the Constitution of India contemplates efficiency in public administration even, while implementing the rule of reservation. Thus, it is mandatory on the part of the State to ensure efficient public administration. Efficient and effective public administration can be provided to the people of this great nation only if men of integrity and honesty are engaged to perform public services. Therefore, inseparability of the concepts of 'private life' and 'public life' should not be neglected by anyone in order to escape from the clutches of law. One may argue that the personal life is unconnected with the public duties. Such arguments are widely made only on certain personal motives or to achieve selfish goals.".The Judge clarified that it is not that public servants may not have civil disputes that are irrelevant to the performance of their public duties. Public servants also have rights to fight for their Constitutional and civil rights, the Court said. .However, in this case, it was noted that while matrimonial life may appear to be a private affair, "the same would have got nexus with the social living of the public servants in the society.".The Court went on to dismiss the plea moved by the woman police constable while pointing out that bigamouse marriages are also prohibited under the Tamilnadu Subordinates Police Officers' Conduct Rules, in addition to the Indian Penal Code. .Justice Subramaniam ruled,"When the bigamous marriage is an offence under the Indian Penal Code as well as the Police Conduct Rules, contracting a second marriage even with the consent of the first wife cannot be a ground to seek exoneration from the Conduct Rules or from the offence of bigamous marriage... the punishment of removal from service undoubtedly is an appropriate punishment inflicted on the petitioner and there is no other reason whatsoever to interfere with the quantum of punishment."