Madras High Court IANS
Tamil Nadu

Issue circular on court conduct for police personnel, Madras HC tells DGP

During the Special Sub-Inspector of Police's deposition, the Magistrate observed that he appeared to be under the influence of alcohol due to the smell of alcohol on his breath, his incoherent speech and his behaviour.

DT NEXT Bureau

CHENNAI: Observing that a police officer appearing before a court in a drunken state brings disrepute to the entire police force, the Madras High Court restored the departmental punishment imposed on a Special Sub-Inspector and directed the Director General of Police to issue a statewide circular on courtroom discipline for police personnel.

The prosecution's case was that V Arumugam, then serving as a Special Sub-Inspector of Police at Arakandanallur police station, appeared as a prosecution witness before the Judicial Magistrate, Tirukoilur, on November 25, 2014. During his deposition, the Magistrate observed that he appeared to be under the influence of alcohol due to the smell of alcohol on his breath, his incoherent speech and his behaviour, and directed him to undergo a medical examination. The medical officer found that his breath smelled of alcohol and issued a Drunkenness Certificate. Though blood and urine tests were not conducted, Arumugam neither objected to nor refused the medical examination.

Departmental disciplinary proceedings were initiated against him, and he was placed under suspension. The Disciplinary Authority imposed the major penalty of compulsory retirement from service.

Arumugam filed a statutory appeal. Taking a lenient view, the Appellate Authority modified the punishment of compulsory retirement to postponement of his next increment for a period of three years, with a consequential postponement of his future increments.

After a lapse of about four years, Arumugam filed a writ petition challenging the modified punishment as confirmed by the revisional authority. A single judge of the Madras High Court allowed the writ petition, mainly on the ground that blood and urine tests had not been conducted.

Aggrieved by the order, the Director General of Police filed a writ appeal before the Madras High Court. Allowing the appeal, a Division Bench comprising Justice SM Subramaniam and Justice N Senthilkumar set aside the single judge's order, holding that appearing before a court in a drunken state seriously tarnishes the image of the police force and that the disciplinary authority had rightly imposed the punishment based on the principle of preponderance of probability.

Observing that misconduct inside a court hall cannot be tolerated, the Bench directed the DGP, Chennai, to issue a circular within four weeks instructing all police personnel to appear before courts in proper uniform and maintain absolute integrity and devotion to duty, failing which disciplinary action shall be initiated.

'Maiden Budget of TVK government to be tabled on August 5, says Speaker J C D Prabhakar

West Asia tensions disrupt Chennai airport operations; 20 international flights delayed, Colombo services cancelled

Kisan Mahapanchayat: Punjab farmers stopped on way to Delhi as Haryana Police seals Shambhu border

Delhi HC proposes shifting Sonam Wangchuk to Medanta Hospital, govt says have no objection