Implement G.O. against orderly system: Madras HC

Judge says orderlies to be surrendered, action must be taken against higher officials involved in such misconduct.
(Express Illustrations)
(Express Illustrations)

CHENNAI: Flaying higher police officials for abusing their power to utilise orderlies for carrying out personal work, the Madras HC on Monday ordered the TN government to abolish the ‘colonial system’ forthwith.

“The G.O. issued in 1979 cannot be allowed to remain in paper. It must be implemented in its letter and spirit in order to uphold constitutional principles,” Justice SM Subramaniam said while hearing a petition filed by a retired police officer regarding overstay at a police quarters.

He stated, “...utilising the services of the uniformed personnel as orderlies is to be dispensed with in practice, and action is imminent against higher police officials, who have been involved in misconduct, or assisting other officials or retired staff for commission of such misconduct.” Pointing out that the All India Services Conduct Rules, 1968 requires higher officials to show integrity towards their profession, the judge said their actions must be “in consonance with constitutional principles.” They are expected to surrender all such orderlies voluntarily, he stressed.

Directing the Home Secretary to act tough on wiping out the orderly system as it requires no fresh circular because the 1979 G.O. is in vogue, the judge said, that such a system will create a ‘colonial mindset’ in higher officials. He said the orderlies can be withdrawn by a single stroke of an order of the Home Secretary. He suggested the State “bring the police force under its absolute control.”

Justice Subramaniam wanted the government and the police department to ensure subordinate officers send complaints to the government regarding any such abuse of power or usage of orderlies in their residences. In the event of receiving such complaints, the Home Secretary can initiate action under the Conduct Rules. Enlisting how 39 orderlies were utilised by a top officer TN, the judge said misuse of power was painful. The matter was posted to August 12.

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