CHENNAI: The Madras High Court has upheld the dismissal of an armed reserve police constable who, instead of escorting two undertrial prisoners to hospital, took them to their residences at Saidapet and allowed them to extort money from shopkeepers.
“He has brought disgrace to the entire police force by daring to join hands with hardcore criminals at the cost of the safety of society,” said a Division Bench, comprising Justice Elipe Dharma Rao and Justice S. Tamilvanan.
The Judges were passing orders on a writ petition filed by the constable, V. Gurusamy, who challenged a Tamil Nadu State Administrative Tribunal (since abolished) order upholding his dismissal.
Attached to the E Division of 19th Battalion here, Gurusamy was escorting Venkatesan and Murugan to the Government General Hospital.
He challenged the dismissal on the ground that he was not given an opportunity to peruse the documents marked against him.
Mr. Justice Elipe Dharma Rao, writing the judgment, rejected the argument pointing out that it was the petitioner who failed to peruse the papers despite an opportunity provided by authorities.
Expressing shock at the conduct of the constable, the Bench said that in such cases there was no place for generosity or misplaced sympathy. “The charged employee holds a position of trust where honesty and integrity are inbuilt requirements of functioning and, therefore, in our opinion, the matter should be dealt with firmly, and not leniently.”
The Bench rejected the constable’s averment that the prisoners should also have been examined by the authorities, and said the officials had correctly dispensed with the evidence of the prisoners.
“In departmental proceedings it is not proof beyond doubt but preponderance of probability that rules the roost. There is nothing wrong in the respondent-authorities losing confidence and faith in such an employee, who brought only disgrace to the entire police force.”
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