Madras HC Invokes 'Principles Of Karma' To Grant Relief To Cop Who Was Subjected To 4 Transfers Within 18 Months

The Madras High Court has granted relief to the cop who was subjected to 4 transfers within 18 months for alleged indiscipline.

The Court while invoking the principles of Karma granted relief to the Petitioner-cop.

"In the principles of Karma the "Sanchita Karma" (entire karma) is apportioned as "Prarabdha Karma" (portion of the karma) and punishment is imposed to undergo only for the "Prarabdha Karma" (portion of the karma).", the bench of Justice S. Srimathy observed.

The Petitioner-Cop had joined Police Department as Grade-II Constable in the year 2003. In 2011 he met with an accident. Thereafter the petitioner had taken frequent medical leave and from 2019 onwards he faced a series of disciplinary proceedings. Thirteen punishments were imposed on the petitioner.

The petitioner challenged all 13 punishments before the Madras High Court. Finally, the Division Bench of the High Court confirmed the punishments, but had set aside all the Government Orders passed by the Additional Chief Secretary to Government, Home (Police VI) Department, Chennai and directed to pass a lesser punishment cumulatively.

13 new Government Orders were passed, thereby, reducing the impact of the punishments. Challenging the same, the petitioner had filed writ petitions which are pending.

The petitioner was subjected to at least 4 transfers internally within a short span of 18 months.

He contended that based on the punishment, his salary was deducted to the tune of Rs.22,000/- and that his carrying home salary is only Rs.9,000/-. In such circumstances, the petitioner was transferred from Madurai City to Tuticorin City.

The contention of the petitioner is that he would not be in a position to sustain himself and to sustain his family and further submitted in an earlier occasion when he was serving in Avaniyapuram Police Station, he would spend Rs.200/- for fuel itself, which the petitioner could not sustain. He argued that in such circumstances the transfer to Tuticorin will make him further vulnerable.

However, the respondents denied strongly stating that the transfer is incidental to service, especially in uniform service, which is a disciplinary service and the petitioner ought to maintain some discipline and the petitioner has no right to challenge the transfer order.

Advocate Niranjan S.Kumar, appeared for the petitioner-cop and Additional Government General Veera Kathiravan, assisted by D.Farjana Ghoushia, Special Government Pleader appeared for respondents.

It is the case of the respondents that the petitioner was behaving indifferent way at Thallakulam Police Station with the Station House Officer namely Malaichamy and for that only he was transferred from Thallakulam to S.S. Colony.

It was further submitted that in the S.S.Colony Police Station the petitioner developed indifference with the Station House Officer and sent several complaints against her and for that only the petitioner was transferred to Avaniyapuram Police Station.

The Court observed that "This Court is not able to appreciate the reasons, since the Inspector of Police, Avaniyapuram Police Station has submitted a report that had happened in Thallakulam and S.S. Colony Police Stations, for which already the respondents have transferred from that stations. Therefore the allegation that for behaving in indifferent way in Thallakulam Police Station and S.S. Colony by obtaining the report from Avaniyapuram Police Station which is only a proxy report."

The Court noted that the allegations were only bald and not specific allegations.

The Court further noted that the petitioner is in Uniform Service and the transfer is incidental to Government service but the present transfer order had traces of punitiveness.

The Court observed that the petitioner was undergoing several punishments and transfers to a distance place would be adding to the misery by way of financial implication.

Therefore the Court directed thus "…this Court is of the considered opinion that if the petitioner is transferred as traffic police, that would meet the ends of justice. Hence this Court is directing the respondents to post the petitioner as Traffic Police within Madurai District."

Interestingly, the Court also directed the Petitioner not to indulge in filing RTIs as the state had argued that he was using the RTI Act as a tool to get things done for him. Accordingly, the writ petition was allowed.

Cause Title- R.Srimurugan v. The Inspector General of Police & Ors.

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