“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,” Justice S M Subramaniam said.
The court passed the order on a plea moved by M Muthu, a CRPF constable who was allegedly dismissed for refusing to perform orderly duty.
Revoking the dismissal, the court said, “Trained uniformed personnel, at no circumstances, shall be utilised to perform menial jobs in the residences of the higher authorities or to do their personal works.”
The very concept is based on public policy and such practice is directly in violation of Article 21 of the Constitution as it affects the very dignity of the trained personnel, whose public duties are to maintain law and order to perform their combatant duties in the force, Justice Subramaniam said.
The basic rights of the citizens are also infringed on account of such large scale abuse and misuse of the poor uniformed personnel, more specifically, by the higher authorities by not utilising their services of these trained personnel only for performing the public duties, the court added.
Asserting that human dignity is enshrined under Article 21 of the Constitution, the court said, “The dignity if infringed, then the poor subordinate, the last grade police personnel become voiceless, and their life becomes misery.”