Observing that the very premise which permeates an order of punishment awarded to a police inspector who allegedly misbehaved with a Judicial Magistrate as also an appeal is devoid of any rationale, Madras High Court has directed Government to examine the matter and file an affidavit.
The matter relates to a suo motu petition by the court in 2012 on a letter addressed by V Pugazhendhi, Judicial Magistrate of Cuddalore on the misbehaviour of inspector Karthkeyan to Principal District Judge, who subsequently forwarded it to Registrar General of the Court.
The incident relates to Inspector Karthikeyan of District Crime Branch, Cuddalore, entering the chambers of the JM-III stating that he was from Vigilance Department in connection with a case and threatening the Magistrate.
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The High Court had took suo motu writ on the incident.
Advocates of Cuddalore, Neyveli and Chidambaram bars went on boycott of the court protesting against the misbehaviour of the inspector in 2012.
When the matter came up before the First Bench comprising Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam yeterday, it was informed by authorities that the Inspector was suspended in connection with the incident on September 13, 2012 and thereafter disciplinary proceedings were initiated against him.
The bench while going through the punishment awarded to the Inspector, said "the DIG through the proceedings being one of Major Penalty Proceedings under rule 3(b) of Tamil Nadu Police Subordinate Service(Discipline and Appeal) Rules 1955, ordered only a punishment of 'postponement of increment for a period of one year which shall not operate to postpone his future increments, and on appeal that was modified into an order of censure by Additional Director General of Police(L&O)."
"Even the initial order imposing punishment is predicted on a reasoning that the case should be viewed leniently. We find that the very premise which permeates the order of punishment, as also in appeal, devoid of any rationale and contrary to all canons of Justice", the judges said.
The bench directed the Government authorities to themselves examine the matter and file an affidavit signed by DGP and posted the matter for further hearing to November 4.
