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Implement GO to abolish orderly system in letter and spirit: HC

The judge further pointed out that a GO to abolish the orderlies’ system in the police was passed on September 5, 1979, on the basis of a decision of the Union Government taken in the all Chief Ministers’ conference and the said Government Order is in force for more than four decades.

Implement GO to abolish orderly system in letter and spirit: HC
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Madras High Court

CHENNAI: The Madras High Court on Monday directed the State government to implement the Government Order issued in 1979 to eradicate the act of appointing uniformed service personnel as an assistant in the houses of higher police officials in letter and spirit.

“Utilising the services of the uniformed personnel as orderlies are to be dispensed with forthwith in practice and strict and stringent actions are necessary and imminent against the higher police officials, who have been involved in such misconducts or assisting any other officials or retired officials for commission of such misconducts, or unfair practices, ” the Justice SM Subramaniam held.

The judge further pointed out that a GO to abolish the orderlies’ system in the police was passed on September 5, 1979, on the basis of a decision of the Union Government taken in the all Chief Ministers’ conference and the said Government Order is in force for more than four decades.

“Despite the fact that the colonial orderly system was abolished in the year 1979, unfortunately, the system continues in the State of Tamil Nadu. Such practice would develop a colonial mind-set amongst the higher Police officials, which under no circumstances, be appreciated as the Constitution of our great Nation was resolved by 'We, the people of India', ” Justice Subramaniam noted.

The court also held that as per All India Service Conduct Rules 1968, the misuse of an official position is misconduct. “The principal secretary to the government, Home Department, is mandated to institute appropriate disciplinary proceedings in the event of any violation of the Government orders or commission of misconduct under the All India Services Conduct Rules, 1968,” the Madras HC added.

The HC also insisted the subordinate police officers lodge complaints with the home department if they were asked to assist their senior officials.

The judge wanted the higher police officials expected to maintain not only good conduct, but their actions must be always in consonance with the constitutional principles.

“Thus, they/higher police officers are expected to surrender all such orderlies voluntarily, which will show their real courage in terms of accepting the good conduct in accordance with the All India Services Conduct Rules, ” the court highlighted and adjourned the matter to August 12.

The judge passed these directions on hearing a plea filed by a former policeman named U Pon Manickavel who challenged the order of state asking him to vacate the house allotted by the government.

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