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Menial jobs below the dignity of trained, uniformed security personnel: Madras High Court on orderly system

After going through the disciplinary committee’s report and submissions of both parties, the Court concluded that the charges against the petitioner did seem unfounded, and that the authorities had failed to conduct an adequate inquiry into the allegations against the petitioner. 

Justice Subramaniam, therefore, quashed and set aside the petitioner’s dismissal order. Instead, he directed the CRPF to impose a lesser punishment of reduction of pay by one stage for a period of one year without cumulative effect on the petitioner. He was also directed to be reinstate in service without back wages.

“The Constables are the backbone of the Force and their grievances are to be addressed and redressed in the manner known to law. Contrarily, the Officials are not expected to have a colonial mind set in the matter of practising orderlies in their personal residences or for performing their personal works.”

The Court also directed the Central government to act against officers indulging in the orderly system.

“The respondents are directed to implement the orders of the Government of India dispensing with the orderly system in all respects and effectively. In the event of receiving any complaint from any person, regarding the colonial practice of orderlies for personal works, then actions are to be initiated under the Discipline and Appeal Rules and also under Law. That apart, the salary payable to the Government employee, who was made to serve as orderly should be recovered from the Officer concerned immediately by following the procedures. Recovery of salary must be in addition to the departmental action,” the order stated.

Source: Barandbench

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