Madras HC rules that banned police orderly system needs to end in state

The Madras high court on Monday made it clear that the orderly system should not continue and wanted the higher police officials to voluntarily surrender such uniformed personnel.

Justice SM Subramaniam said the higher police officials are expected to maintain not only good conduct, "but their actions must be always in consonance with the constitutional principles."

"Thus, they are expected to surrender all such orderlies voluntarily, which will show their real courage in terms of accepting the good conduct in accordance with the All India Services Conduct Rules. It is made clear that even the subordinate officials of the police department are at liberty to send a complaint or provide information to the government regarding any such misuse or abuse of power by the higher officials or usage of orderlies in their residences," the court said.

In the event of receiving any such complaint or information, the state home secretary shall initiate immediate action under the conduct rules, the judge said.

The court remarks came while hearing a petition by U Manickavel, with the home secretary, commissioner of police, Chennai, and additional deputy commissioner of police, estate, welfare and community policing, being the respondents.

The judge noted that the court has been informed that a government order has been already issued decades ago, abolishing the orderly system in the police department.

"Despite the fact that the colonial orderly system was abolished in the year 1979, unfortunately, the system continues in the state of Tamil Nadu and it is brought to the notice of this court that many states have abolished and such abolition was implemented."

"However, in our state, though it is abolished, it has not been implemented scrupulously," the court said.

If higher officials utilise the services of the uniformed personnel as orderlies in their residences, "it is a clear misconduct and in violation of the government order," it added.

The home secretary is mandated to institute appropriate disciplinary proceedings in the event of any violation of the government orders or commission of misconduct under the All India Services Conduct Rules, 1968.

The judge pointed out at the state's submission that all actions are initiated and in progress and they require some more time as the principal secretary, home department, has recently taken charge.

He said it is just an enforcement of the government policy, which was introduced in the year 1979, which may not require much time and require determination and will.

"That apart, the efforts taken during the interregnum are also commendable as various instructions were swiftly issued by the government in order to control the ill menace. However, the instructions are to be enforced fully to ensure that the police forces function under the absolute control of the state government," the court said.

After the state sought further time for implementation of its instructions, circulars and the government orders issued, the court posted the hearing for August 12, "for reporting further developments."