Madras HC tells MHA to act against those taking part in ‘orderly system’
CHENNAI: The “orderly system” must be eradicated by taking penal actions against higher ups who force their subordinates to do menial jobs, the Madras high court said on Friday, as it directed the ministry of home affairs to act against those found indulging in such practices.
A single bench of justice S M Subramaniam also said the “orderly system” is a violation of Article 21 of Constitution (assuring protection of life and personal liberty), and directed the reinstatement of a Central Reserve Police Force (CRPF) constable who was dismissed from service in 2014 for alleged indiscipline after he refused to carry out personal tasks for his superiors.
Policemen doing household and menial work in residences of top police officials are known as “orderlies”. Justice Subramaniam in August had directed the Tamil Nadu government and police department to ensure the practice of “orderly system” is eradicated in entirety within the next four months.
“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 the Law,” justice Subramaniam said in his order, seen by HT.
“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,” he added.
The judge also directed the home ministry to take stringent action against erring officials in such cases. “The 1st (secretary, Union of India, ministry of home affairs) respondent shall ensure that the Government of India orders are effectively implemented and actions are initiated against the Higher Officials, who all are practising the colonial system of orderly in their Battalion by using the constables/combatant/other employee for their personal works either at their residence or elsewhere.” The court was hearing a plea of CRPF constable M Muthu who accused his seniors of forcing him to indulge in activities beyond his duties.