Maintenance of discipline even in allotment of quarters to be monitored: Madras HC

Chennai: The Madras high court has observed that the maintenance of discipline, even in the allotment or vacation of the government police quarters and performance of duties and responsibilities are to be monitored properly by the higher officials concerned for efficient administration of police department, who all are responsible for the maintenance of law and order and controlling of crime in the state.

Justice S.M. Subramaniam made the observation while dismissing a petition from a retired policeman, challenging the penal rent imposed on him for overstaying in the police quarters even during transfer and after retirement.

The judge said, "When such police personnel commits such misconducts or illegalities, undoubtedly, stringent actions are warranted and there cannot be any leniency or misplaced sympathy in this regard by the courts.

In the event of misplaced sympathy, the same will demoralize the discipline in the police force and courts cannot contribute for such ideas of some police officials, who all are committing such misconducts and illegalities. Thus, compromising the discipline in the police force can never be done by the higher officials of the police department as well as by the courts. In the event of compromising the discipline, undoubtedly, the same would cause greater impact in the maintenance of orderliness in society".

Providing government police quarters undoubtedly was a concession and it can never be claimed as a matter of legal right by the police officials. When the allotment of police quarters itself was not a legal right, the officials, who all were in occupation of government police quarters were bound to follow the terms and conditions of the allotment order.

When the terms and conditions of the allotment order stipulates that the police officers, on transfer or retirement or termination from service, were bound to vacate the government police quarters, they were obligated to vacate the same and handover the possession of the same to the competent authority, the judge added.

The judge said, "The higher officials are bound to monitor the allotment, vacation and maintenance of the government police quarters in accordance with the rules in force and there cannot be any lapses, negligence or dereliction and also leniency or misplaced sympathy in the matter of maintenance of efficiency in the police administration". The causes for growing indiscipline in the police force were the greatest concern for the public also. The growing indiscipline in uniformed services was affecting the interest of the public at large.

The misbehavior of the uniformed personnel in the public domain was a greatest concern and the states as well as the head of the police department must look into these aspects in order to restore the discipline level and provide equal opportunity by implementing the laws without discrimination, the judge added.