Madras High Court
M.Ramasamy vs The Principal Secretary To Government on 13 June, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.13125 of 2011
and
M.P.(MD).No.1 of 2011
M.Ramasamy ... Petitioner
Vs.
1.The Principal Secretary to Government,
Home Department (Police)
Fort Saint George,
Chennai-9.
2.The Director General of Police,
Tamil Nadu,
Chennai.
3.The Additional Director General of Police,
Law and Order,
Tamil Nadu, Chennai-4.
4.The Deputy Inspector General of Police,
Tirunelveli Range,
Tirunelveli. ... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of
India, to issue a Writ of Certiorari, calling for the records
pertaining to the impugned order passed by the 2nd respondent
herein in Ref.No.204518/AP2(1)/2009, dated 03.07.2010 and quash
the same as illegal.
For Petitioner : Mr.P.Subbaraj
For Respondents : Mr.K.Mu.Muthu
Additional Government Pleader
http://www.judis.nic.in
2
ORDER
The order of punishment of censure imposed by the Appellate Authority/Additional Director General of Police, Law and Order in proceedings dated 03.07.2010 is under challenge in the present writ petition.
2.The writ petitioner was holding the post of Senior Inspector of Police. The petitioner joined in the Tamil Nadu Police Sub- ordinate Services, on 02.11.1979 as a directly recruited Sub- Inspector of Police.
3.The learned counsel for the writ petitioner states that the writ petitioner is a honest Police Officer and was maintaining absolute integrity and devotion to his duty. The writ petitioner had served at C.B.C.I.D., Head Quarters Chennai for a period of more than 8 years and further, he was working with S.I.T/C.B.I Head Quarters, Chennai, for a period of more than 5 years. The writ petitioner states that he had played a vital role in the arrest of three important accused persons in Rajiv Gandhi assassination case. The writ petitioner was awarded with a cash reward and many other merit recognition from the higer official as well as from http://www.judis.nic.in 3 the Government. When the writ petitioner was working as Inspector of Police at Aralvaimozhi Police Station in Kanyakumari District, he was using the police Jeep bearing Registration No.TN-74-G-0234 and Head Constable 473 Mr.Arulappan as the Jeep Driver. In this regard, a complaint was received against the writ petitioner and a charge memo was issued in proceedings dated 17.03.2009. The charges against the writ petitioner was that the writ petitioner along with Head Constable 473 Mr.Arulappan was collecting “mamool” from the vehicles passing through the Highways near Visuvasapuram, within the jurisdiction of Aralvaimozhi Police Station. The charge memo was issued in accordance with the procedures and the writ petitioner submitted his explanation denying the charges. An enquiry was conducted. The Enquiry Officer, after conducting a detailed enquiry by providing an opportunity to the writ petitioner came to the conclusion that the charges against the writ petitioner was proved. It is not the case that no opportunity was given to the writ petitioner by the Enquiry Officer. The writ petitioner participated in the process of enquiry and defended his case by availing the opportunity provided to him. By following the procedures contemplated, the Enquiry Officer completed the enquiry by http://www.judis.nic.in 4 adhering the principles of natural justice and submitted his report stating that the charge against the writ petitioner was proved. Accordingly, the competent disciplinary authority passed an order imposing the punishment of “ reduction in time scale of pay by one stage for one year and the period of reduction shall operate to future increment for one year”.
4.Challenging the order of punishment, the writ petitioner preferred an appeal to the Appellate Authority on 09.10.2009. The appeal was considered by the Appellate Authority viz., the Additional Director General of Police, Law and Order, modified the punishment and imposed the reduced punishment of censure. Challenging the said punishment of censure, the present writ petition is filed.
5.The learned counsel appearing for the writ petitioner states that the writ petitioner all along maintained his integrity and rewarded with many awards. The writ petitioner was no way connected with the allegations of collection of “mamool” from the vehicle passing through the National Highways. The writ petitioner was sitting in the Jeep and he was not aware of any such incident, if http://www.judis.nic.in 5 at all occurred. It is stated that neither the writ petitioner had collected any such “mamool” nor directed anybody to collect such “mamool” from the vehicles passing through the National Highways near Visuvasapuram.
6.The learned Additional Government Pleader appearing on behalf of the respondents states that the opportunity contemplated under the Discipline and Appeal Rules were provided to the petitioner and the Enquiry Officer had conducted the enquiry by examining the witnesses and by scrutinizing the evidences. After a thorough enquiry, the Enquiry Officer made a finding that the charge against the writ petitioner was “proved”. The proved charges were accepted by the Disciplinary Authority and the punishment of reduction in time scale of pay by one stage for one year and the period of reduction shall operate to future increment for one year was imposed. The writ petitioner preferred an appeal and the Appellate Authority had reduced the punishment to censure and infact, the Appellate Authority himself has reduced the punishment and no further consideration is required by this Court in the present writ petition.
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7.The learned counsel for the writ petitioner states that the writ petitioner attained the age of superannuation. On account of the punishment of censure, the writ petitioner was not in a position to secure his promotion to the post of Deputy Superintendant of Police. Though the writ petitioner was fully qualified and eligible for promotion, his case was not considered on account of the punishment of censure imposed on him by the competent authority. The order of censure is liable to be scrapped.
8.The menace of “mamool” collections more specifically by the Police Officials in various places across the State are the greatest concern of the public at large. Mostly it is visible that such “mamool” collections are made by these Police Officials both in the local Police Stations as well as in National Highways, Busy Market Places and other Shops. The Police Officers are receiving freebie from Restaurants, shops etc., and thereby behaving unbecoming of a public servant and committing not only misconduct under the Discipline and Appeal Rule but also committing offences warranting prosecution under criminal law. http://www.judis.nic.in 7
9.In the present case itself, this Court is able to ascertain that a Police Officer against whom the charge of “mamool” collection is proved in the enquiry. However, the Higher Official of the Police Department reduced the punishment to censure. If such a mind-set and attitude is accepted then this Court is afraid that the uniformed services are not only degraded but it will be a greatest concern for the maintenance of law and order in the State. If the Higher Police Officials are insensitive towards such demand and acceptance of bribe by way of “mamool” collection, the public confidence on the Police Department is not only shakened, but the same will lead to other complications. The minor punishment imposed in the present case itself is evident that the competent appellate authority had shown absolute insensitiveness towards the grave offence of acceptance of bribe by way of collecting “mamool” by the police officer in the rank of the Inspector of Police. Under these circumstances how the public will believe that “police is our friend”.
10.In the public domain “mamool” collection by the Police Department is a common one. These allegations are visibly noticed by the public at large in common places and in National Highways, http://www.judis.nic.in 8 and in TASMAC Shops also. Such “mamool” collections are being practiced by the officials. No effective steps are taken to control the menace of “mamool” collection and no cases are registered under the provisions of the Prevention of Corruption Act. Though the demand and acceptance of bribe is an offence under the provisions of the Prevention of Corruption Act, the officials against whom such misconduct is established no such criminal case has been registered and such a situation is certainly intolerable and the State has to initiate stringent action in this regard against the police officials by invoking the provisions of the Prevention of Corruption Act.
11.In National Highways the “mamool” collections are being done in isolated places. Though it is visible no officials are initiating any action against such offences. Freebie are collected by these police officials from the Restaurants, Shops, Vegetable Market, Fish Market, Mutton Stall, Chicken Stall etc. It is a painful situation and a routine affair where such public servants, who all are being paid a decent salary from the tax payers money are accepting and committing such heinous offence by compromising their self- respect and the dignity of the uniform they are wearing. http://www.judis.nic.in 9
12.The uniformed services are to be respected. They are the law implementing authority. They are the protectors of the Society. They are duty bound to execute the laws in its real letter and spirit and they are vested with more power to deal with the public. They are provided with discretion to exercise their power judiciously and in accordance with law. Such solemn functions of the uniformed services are to be protected to the greatest extent. Though the motto of the uniformed services is discipline, it is slowly declining and descending. Thus, an urgent review of the situation is imminent and highly warranted. The concern of this court shall be considered as “Red Alert” to the uniformed forces.
13.This Court is of the considered opinion that when the collection of “mamool” is identified or prima facie materials are available then the competent authorities of the Vigilance and Anticorruption /Police Department are duty bound to register cases under the provisions of the Prevention of Corruption Act. Though collection of “mamool” is demand and acceptance of bribe, no such cases are registered under the provisions of the Prevention of Corruption Act as well as under the Indian Penal Code. Such a lapse is to be corrected hereinafter, in all such cases of “mamool” http://www.judis.nic.in 10 collections wherever noticed, identified, prima facie materials and evidences are available then the criminal case is to be registered under the relevant provisions of the Prevention of Corruption Act as well as the Indian Penal Code as the case may be. Simultaneously, departmental disciplinary proceedings are also to be initiated. Two fold actions in this regard are certainly permissible. Uniformed force must not only be vigilant but must upheld the dignity and integrity of the uniform, they are wearing. The uniform which provides them power. Power should not make a man corrupt. Power is provided to serve the public under the constitution. Men in Power should realize that such powers are provided only for the purpose of serving to the citizen of this great nation. Thus, in every movement a public servant must keep in mind that the power is not granted to show his ego or selfishness. The powers are traceable under the constitution of India, which was constituted by the people of our great nation. Thus, the police officials, who all are vested with the power under various provisions of law must ensure that implementations are done properly and in consonance with the constitutional principles and in accord with the provisions of law.
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14.The higher officials of the Police Department are duty bound to conduct surprise inspections and the Vigilance Department Officials are also to be deputed to identify the “mamool” collection in various places. It is painful to pen down that these “mamool” collections are now made as a casual and routine affair in local police stations. Under these circumstances, great efforts are required by the Police Department of the State to control the evil menace of “mamool” collections mostly in public places. Mere issuance of the charge memo under the Discipline and Appeal Rules are undoubtedly insufficient. In all such cases, criminal cases are to be registered under the provisions of the Prevention of Corruption Act as well as under the Indian Penal Code as the case may be.
15.This Court on many occasions held that the charges framed against the public servant as well as the punishment imposed for the proved charges must be in commensuration with the gravity of the charges. In the present case, the allegation of “mamool” collection was proved in the enquiry. However, the punishment of censure was imposed. Thus, such a minor punishment imposed is undoubtedly not in commensuration with http://www.judis.nic.in 12 the gravity of the allegation proved against the writ petitioner.
16.Citizens at large of our grate nation have already frustrated with the growing corrupt activities like “mamool” collections, demand and acceptance of bribe by the public servants. Now, it is openly done in many Government Departments and Offices. Corruption brings down an enemy to the constitutional principles. Corruption deprives the developmental activities of our great nation. Corruption is causing greatest blockade to take our nation to move forward. Most of the welfare schemes are unable to be implemented in its real spirit, on account of the corrupt activities of the public servants. The competent authorities of the State are bounden duty to ensure that all such corrupt activities are brought down and those officials, who all are demanding and accepting bribe including “mamool” collections are dealt with iron hand and iron heart.
17.This Court has no hesitation in recording the fact that every public servant across the State of Tamil Nadu even the last Grade servants are receiving a very decent salary. Even a last grade servant working in the cadre of Sweeper is getting a salary http://www.judis.nic.in 13 of Rs.18,000/- to Rs.25,000/- per month. These salaries are paid from the tax payers money. Per contra, the poor, down trodden, widows deserted etc., are performing more duties and responsibilities for a meager salary of Rs.3,000/- or Rs.4,000/- in private houses and doing household jobs. When large number of people of this great nation are struggling even for survival, these public servants, who all are receiving decent salary from the tax payers money should realize that their duties and responsibilities towards the Society is very high and they should feel that the money received by way of salary is from the tax paid even by the poorest citizen of this Country, even while purchasing a pencil or pen. The sensitiveness involved in the tax payers money is to be realized by these public servants, if not they are bound to face the consequences. There cannot be a leniency or misplaced sympathy in dealing with such nature of cases of “mamool” collections and demand and acceptance of bribe.
18.The Government is introducing many number of welfare schemes for the benefit of the people of this great nation. However, these welfare schemes are not implemented without corrupt activity. Even while implementing such welfare schemes, large http://www.judis.nic.in 14 number of illegalities and corrupt activities are noticed and the same are happening on account of the ineffectiveness and insensitiveness shown by the public servants. Even in case of some local influences or some other external forces, the public servant is bound to act with utmost devotion and integrity. Courage must be shown in such circumstances by the public servant, when the external forces are employed. Once a person entered into the public services, he has to act in accordance with the law and uphold the constitutional principles. Fairness in implementing such schemes are of paramount importance. In the event of not honouring the constitutional principles, the State is failing in its duty to uphold the constitutional philosophy and ethos.
19.In respect of the lis on hand is concerned, there were no procedural violations in respect of the conduct of the enquiry by the Enquiry Officer and the Disciplinary Authority also followed the procedures as contemplated in the Discipline and Appeal Rules. The charges proved against the writ petitioner are undoubtedly serious in nature. The punishment of censure imposed finally is not in commensuration with the gravity of the proved charges. However, taking note of the fact that the writ petitioner has already http://www.judis.nic.in 15 retired from service on attaining the age of superannuation and now receiving pension, this Court is not inclined to review the punishment nor interfere with the order passed by the competent Appellate Authority. In view of the facts and circumstances, this Court is inclined to pass the following order:
(i)The relief as such sought for in the present writ petition stands rejected.
(ii)The respondent Nos. 1 and 2 are directed to issue consolidated instructions to all the competent authorities to register criminal cases against the allegations of “mamool” collections (demand and acceptance of bribe) under the provisions of the Prevention of Corruption Act 1988 as well as under the Indian Penal Code as the case may be. Such instructions/Circulars/orders are to be issued by the respondents 1 and 2 within a period of four weeks from the date of receipt of a copy of this order.
(iii)The respondent Nos. 1 and 2 are directed to initiate appropriate disciplinary actions against the competent authorities, who all are failing in their duty to register criminal cases against the allegations of the “mamool” collection under the provisions of the Prevention of Corruption Act as well as under the Indian Penal http://www.judis.nic.in 16 Code as the case may be.
(iv)The respondent Nos. 1 and 2 are directed to issue guidelines/circulars/instructions for the purpose of improving the efficiency in controlling the “mamool” collections in police stations as well as in public locations and acceptance of freebie by the police officials from Restaurants, Market Places, Vegetable Shops, Fish Market, Mutton Stall, Chicken Stall etc. In the event of identifying any such offence criminal cases are to be registered without any lapse of time.
(v)Accordingly, this writ petition stands disposed of. No costs.
Consequently, the connected miscellaneous petition is closed.
20.The Registry, Madurai Bench of Madras High Court, is directed to list the matter for reporting compliance on 24 th July 2019.
13.06.2019 Index:Yes/No Internet:Yes/No Ns http://www.judis.nic.in 17 To
1.The Principal Secretary to Government, Home Department (Police) Fort Saint George, Chennai-9.
2.The Director General of Police, Tamil Nadu, Chennai.
3.The Additional Director General of Police, Law and Order, Tamil Nadu, Chennai-4.
4.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.
http://www.judis.nic.in 18 S.M.SUBRAMANIAM,J.
Ns W.P.(MD)No.13125 of 2011 and M.P.(MD).No.1 of 2011 13.06.2019 http://www.judis.nic.in