MADURAI: The Madurai Bench of the Madras High Court, while quashing the police commissioner’s punishment order on a Muslim police constable, said that the duty of upkeeping discipline in the police department does not permit punishing employees belonging to minority communities, particularly Muslims, for maintaining a beard. The officer’s increment was reduced by two years as punishment for maintaining a beard.
Hearing a petition filed by one G Abdul Khadar Ibrahim, Justice L Victoria Gowri said Khadar, a Muslim, has been maintaining a beard in line with his faith and has been working as a Grade I police constable since 2019. He applied for 31 days leave, between November 9, 2018, and December 9, 2018, to visit Mecca and Madina for religious pilgrimage.
Upon his return from pilgrimage, he applied for an extension of the leave along with a medical certificate due to an infection in his left leg. He was directed to meet the assistant commissioner of police, who instead of providing leave questioned his appearance and beard. Further, the deputy commissioner of police (Armed Reserve) issued a charge memo in 2019, framing counts of charges — not reporting to duty after completion of 31 days leave and taking a medical leave from December 10 to 30, 2018, and for maintaining the beard against the mandates of the Madras Police Gazette.
Later, an enquiry was held, but the enquiry officer mechanically stated the charges had been proved. Further, the officer ordered a stoppage of increment for three years for Khadar, later reduced to two.
Quashing the punishment, the court stated the norms throw light on the fact that Muslims are permitted to maintain trim and tidy beards even when on duty. “India’s beauty and uniqueness lies in the diversity of the citizens’ beliefs,” it added.
This apart, as far as the charge memo is concerned, the petitioner sought medical leave given the infection after returning from a long leave, which the police authorities ought to have granted with consent. The court expressed shock and remanded the matter back to the commissioner. The commissioner was directed to pass appropriate orders.
Matter remanded back to commissioner
As far as the charge memo is concerned, the petitioner sought medical leave given the infection after returning from a long leave, which the police authorities ought to have granted with consent. The court expressed shock and remanded the matter back to the commissioner.