HC directs DGP to implement GO sanctioning weekly off to cops
Madurai:
on Monday directed the director general of police (DGP) to ensure the proper and effective implementation of the 2021 govt order (GO) sanctioning a one-day weekly off for head constables and constables.
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Justice Battu Devanand made it clear that any future violation of this directive would necessarily invite the initiation of proceedings against the officers concerned under the Contempt of Courts Act, 1971, read with Article 215 of the Constitution.
The court was hearing a petition filed by M Senthil Kumar, a head constable at Austinpatti police station in Madurai district. He stated that GOs were passed in 2021 and 2022, sanctioning one-day weekly off for police personnel, but they were not implemented.
Hence, he moved court.
The state submitted that the petitioner is raising the grievances of other police personnel for their benefit and, as such, the present petition should be treated as a petition filed as public interest litigation.
However, justice Battu Devanand noted that the petitioner was denied a weekly off on several occasions contrary to the GOs. The petitioner attempted to demonstrate the difficulties faced by all police personnel.
Therefore, it cannot be construed that the petitioner filed this petition as public interest litigation.
"There is no association for police personnel working in the state of Tamil Nadu to enable them to represent their grievances to the state govt or the concerned authorities. It is also an admitted fact that in neighbouring states, police personnel have their associations. In such a factual situation, the authorities cannot expect that every police personnel has to approach the court by filing separate petitions seeking to extend the benefit of a weekly off provided by the state govt by amending the police standing orders.
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Under such circumstances, filing this petition to bring the difficulties of the petitioner himself before the court and at the same time his attempt to bring the difficulties of all the police personnel working in the state cannot be faulted," the judge observed.
The judge observed that the aim and objective behind the announcement made by the Tamil Nadu chief minister (CM) to grant a weekly off to police personnel is to take care of their health condition and it would be helpful for them to spend some time with their family members to come out from work tension and stress.
The decision of the CM is very much laudable.
"But the GOs issued based on the announcement of the CM are not being implemented effectively and properly. Due to the inaction of the authorities, the aim and object for amending police standing orders for a weekly off is being defeated and police personnel are not able to enjoy the fruits of the policy decision of the state govt," the judge observed.
The petitioner only seeks the effective and proper implementation of the orders issued by the govt to extend the benefit of a weekly off to the police personnel.
The request made by the petitioner is reasonable, and he is entitled to relief, the judge observed.
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