Practice of superior officers in Police engaging orderly to do menial tasks a slap on Constitution: Madras High Court

The practice prevalent in Police department of engaging uniformed police personnel for doing menial tasks at the residences of the higher ranked officers, is a slap on the country's Constitution and democracy, the Madras High Court has ruled [U.Manickavel vs The State of Tamil Nadu]. .Single-judge Justice SM Subramaniam said that it is a "colonial slavery system" which should be done away immediately."We, the people of India, are celebrating 75th year of Independence. 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 the State of Tamil Nadu. It is a slap on the Constitution and the Democracy of our great Nation," the Court observed.The single-judge further said that despite the country marching towards a vibrant democracy, the higher police officials in Tamil Nadu continue to follow the colonial slavery system."It is an issue to be considered seriously. Such uniformed trained police personnel are performing the household and menial jobs in the residences of the higher officials at the cost of the tax payers' funds. Public has a right to question the mindset of the higher officials," the bench added..The Court further stressed on the fact that the Constitution of India mandates a "public servant" to serve the public alone."Indian Constitution, its spirit, philosophy and ethos declares that every citizen of our great Nation is a "Queen or King". 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 in accordance with the principles laid down in the Constitution and as per the Statutes and Rules enacted by the Parliament and the State Legislature. It is needless to state that undisciplined higher police officials lose their morale in enforcing discipline in uniformed forces, more so against their subordinate officials," the order underlined. .The bench was seized of a petition highlighting the fact that despite the State government abolishing the "orderly" system in 1979, the practice was continuing in the State of Tamil Nadu. Pursuant to the Court's earlier interim orders and government orders in this regard, the Director General of Police (DGP) had issued a memorandum on August 5, instructing Police officials not to engage the junior personnel in household works.After that, around 19 such personnel were withdrawn from the residences of the higher officials.However, the Court said "it is aware of the fact that large number of uniformed Police personnel are still performing household and menial works in the residences of the higher Police officials. "Mere communication and inter-departmental communications are insufficient. Implementation of the orders of the Government is of paramount importance. Once the Government issued 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," the bench opined..The court further said that if the government orders are not being followed in letter and spirit, then an inference has to be drawn that higher Police officials are not functioning under the effective administrative control of the government."It is the integrity of the Police department in question and the effective control of the Police department by the Government of Tamil Nadu. Thus, 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 of India," the bench ordered.Therefore, the bench ordered DGP to be impleaded as a party and directed him to file an affidavit spelling out how he will implement the orders on this issue.The matter would be heard next on August 18..Advocate M Deivanandam appeared for the petitioner.Additional Advocate General P Kumaresan along with Special Government Pleader S Anitha represented the State..[Read Order]