CHENNAI: After rapping Puducherry police authorities for dismissing a policeman from service within six days from the date of FIR registration, that too without giving an opportunity to defend his case, the Madras High Court has ordered his immediate reinstatement with back wages.
The charge against constable V Shanmugham was that he played cards for money when he was on medical leave.
“In view of the undisputed fact that the petitioner has been terminated without any opportunity, even though a cloud is created upon his character by implicating him in an offence under the Puducherry Gaming Act read with other sections of IPC, creating a stigma in a career spanning over 19 years and inaction of the State against similarly accused officers, reflects nothing but capricious, discriminative and monarchical exercise of power by officers in higher rank,” Justice R Mahadevan has observed.
If permitted to continue the dismissal, it would make a mockery of the fundamental rights guaranteed by the constitution. It is the duty of the State and its machinery to provide for such an administration that catapults the governance in the right direction by upholding the fundamental and constitutional rights guaranteed in the Constitution, the judge added.
The judge was allowing a plea from Shanmugham challenging the dismissal order dated April 6 last of the senior superintendent of police on June 19 last.
The judge, however, granted liberty to the respondent to initiate appropriate proceedings against the petitioner by granting him due opportunity and by following the proceedings and the observations made in the order.