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Madras High Court invokes principle of ‘karma’, grants relief to police constable facing punitive transfer

In an order passed on September 29, Justice S Srimathy of the Madurai bench said that punishment for criminal acts is based on reformative theory and, therefore, invoked principles of ‘karma’ to grant relief to the constable.

“The petitioner is already undergoing punishment and receiving meager salary. Even for criminal acts, punishment is based on reformative theory. Therefore, by invoking the principles of Karma this Court is inclined to grant relief to the petitioner. 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). In the present case, the petitioner is undergoing several punishments and transfers to a distance place would be adding to the misery by way of financial implication,” the High Court said. 

The Court, therefore, directed the Inspector General (IG) of Police, Madurai, and the State police department to transfer the petitioner, R Srimurugan to the traffic department instead of transferring him to Tuticorin district 150 kilometres away from his current posting in Madurai.

The bench was hearing a petition filed by Srimurugan challenging his latest transfer order to Tuticorin district. Srimurugan also sought quashing of the punishment orders following the 13 disciplinary proceedings against him.

Source: Barandbench

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