The order was passed on a petition by a police constable who was punished for appearing before a superior officer with a beard after returning from Mecca.
In 2018, the constable had been granted leave for 31 days for a religious pilgrimage in Mecca. After his return, he sought an extension of leave due to an infection in his leg.
An Assistant Commissioner refused to grant him extended leave and instead questioned the constable about his appearance with a beard.
In 2019, the Deputy Commissioner of Police (DCP) demanded a formal explanation over the constable maintaining a beard, which was said to be against the mandate of the Madras Police Gazette.
Two charges were eventually framed against the constable – one for maintaining a beard and another for not reporting back to duty after his 31-day leave and seeking medical leave for around 20 days.
In 2021, the DCP ordered that the constable’s increment be halted for three years with cumulative effect as punishment. The constable filed an appeal against the Commissioner of Police, who modified the sentence to the halt of increment for two years without cumulative effect.
This was challenged by the constable before the High Court which granted him relief on June 5.
The Court termed the modified punishment as shockingly disproportionate and quashed the Commissioner’s penal order.
The matter was sent back to the Commissioner for fresh order in accordance with law within eight weeks.
“As far as count one in charge memo is concerned, the petitioner has sought for medical leave, in view of the infection suffered by him after returning from a long leave of 30 days, the respondents ought to have granted with consent,” the Court added.
Source: Barandbench
