"Muslims Are Permitted To Maintain Trim & Tidy Beard Even While On Duty": Madras HC Relief To Police Constable Facing Disciplinary Enquiry

The Madras High Court granted relief to a Police Constable noticing that Muslims are permitted to maintain trim and tidy beard even while on duty.

The Court noted that the Madras Police Gazette of 1957 permits Muslim policemen in Tamil Nadu to sport trimmed and tidy beards while on duty.

The Bench of Justice L. Victoria Gowri emphasized India's rich tapestry of religions and customs, asserting that the police department cannot penalize its Muslim personnel for adhering to their religious beliefs.

"The said (Madras Police Gazette dated 05.02.1957) norms throw light on the fact that Muslims are permitted to maintain trim and tidy beard even while on duty. India being a land of diverse religions and customs, the beauty and uniqueness of the land vest in the diversity of the citizen's beliefs and culture. Despite the department of the police of the Government of Tamil Nadu warrants strict discipline, the duty of upkeeping discipline in the department does not permit the respondents to initiate punishment on employees belonging to the minority communities, particularly Muslims, for maintaining a beard, which they do throughout their lives by following the commandments of Prophet Mohammed," the Bench said.

The ruling stemmed from a Writ Petition filed by a police constable who faced disciplinary action for appearing before a superior officer with a beard following his return from a religious pilgrimage to Mecca. Initially, granted a 31-day leave for the pilgrimage in 2018, the constable sought extended leave upon returning due to a leg infection. However, he was questioned by his superiors about his appearance with a beard upon his return.

In response, the Deputy Commissioner of Police (DCP) issued formal charges against the constable for maintaining a beard, contending it violated the Madras Police Gazette guidelines, along with charges for not promptly resuming duty after his sanctioned leave. Subsequently, the DCP imposed a punitive measure halting the constable's increment for three years, later modified to two years by the Commissioner of Police in 2021. Dissatisfied with the modified penalty, the constable appealed to the High Court, which rendered its decision on June 5.

The High Court deemed the punishment disproportionately severe and quashed the Commissioner's order. It instructed the Commissioner to issue a fresh ruling in compliance with the law within eight weeks, emphasizing the constable's entitlement to medical leave following his return from pilgrimage.

"I am of the considered view that the modified punishment passed by the 1st respondent is shockingly disproportionate. Hence, I hereby quash the impugned order bearing C.No.D2(1)/PR98/2019/CPO.No. 1006/2021 dated 05.06.2021 passed by the 1st respondent and remand the matter back to the 1st respondent. The 1st respondent is directed to pass appropriate orders in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order," the Court ordered.

Cause Title: G.Abdul Khadar Ibrahim v. The Commissioner of Police

Appearance:-

Petitioner: Advocate G.Karthick

Respondent: Advocate J.John Rajadurai

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