Eradicate ‘orderly’ system by imposing punishment on higher ups: Madras HC – The Indian Express

Chennai News

The Madras High Court on Friday directed the authorities concerned to totally eliminate the ‘orderly’ system still prevailing in certain areas by taking penal actions against the higher ups who force their subordinates to do menial jobs.

Justice S M Subramaniam directed the authorities to effectively implement the orders of the central government, which dispensed with the system in all respects.

“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. 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 said.

The judge was allowing a writ petition from M Muthu attached to the Central Reserve Police Force (CRPF). While he was serving in 97 Battalion in Jharkhand, the Officers Commanding (OC) directed him to do menial jobs. He refused. This ultimately ended in his dismissal from service in 2016. Hence, the present petition.

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The judge held that the punishment of dismissal from service is excessive and not proportionate with the gravity of the charges.

The petitioner was discriminated against in the matter of imposing penalty, the judge said, setting aside the dismissal orders. He then directed the authorities to reinstate him in service without back wages but with continuity of service.

The judge also directed the Union Home Ministry to ensure that the orders of the Centre on abolishing the orderly system are effectively implemented and actions are initiated against the higher officials, who 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.