HC upholds punishment of cop for participating in strike

HC upholds punishment of cop for participating in strike

K.Kaushik@timesgroup.com

Madurai:14.09.2020

Observing that there was no infirmity in the punishment order passed by the authorities, Madras high court dismissed the plea moved by a policeman challenging his punishment for participating in an agitation.

The court was hearing the petition by V Marimuthu, a police constable attached to Madurai city police, challenging the punishment order issued to him when he was working with Coimbatore city police. The charge against him was that he along with 27 other policemen assembled and raised sloganson theofficecampusof the Coimbatore city police commissioner seeking to relieve those transferred. Justice R M T Teekaa Raman observed that they had also participated in a procession and a few of them had given interviews to the media.

Since the charges were proven after an inquiry, the disciplinary authority had issued punishment of postponement of increment for three years with cumulative effect to the petitioner in 2015. When he filed an appeal, the appellate authority had reduced the postponement of increment to two years without cumulative effect.

“In administrative law, transfer order and relieving order are two different things. Depending upon the administrative exigency the relieving order will come into force on a later date and the same is not per se arbitrary,” observed the judge. According to Rule 25 of Tamil Nadu Police Subordinate Police Officers Conduct Rules, noofficer shallengagehimself in strike on incitements there to on in ‘similar activities’. The expression ‘similar activities’ shall be deemed to include absence from work without permission or neglect of duties on any other act done or omitted to be done with the object of compelling something tobedoneby superior officers or the government and shall include any demonstrative fast usually called hunger strikes for similar purpose.