Pulling up the Puducherry police for dismissing a constable from service for allegedly playing cards for money when he was on medical leave, the Madras High Court has ordered his immediate reinstatement with all monetary benefits.
Justice R. Mahadevan passed the order on a plea moved by V. Shanmugham, a constable in the Puducherry police department, who was conferred with several awards and medal for his unblemished service.
The termination order was passed against Mr. Shanmugham within six days of registering an FIR against him under the provisions of the Puducherry Gaming Act read with other sections of the IPC.
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The manner in which the case was handled by the officials, creating a stigma in the career of the constable spanning over 19 years and the inaction of the State against similarly accused officers, reflects nothing but capricious, discriminative and monarchical exercise of power by officers in higher rank, Justice Mahadevan said.
Noting that if such acts are permitted, it would make a mockery of the fundamental rights guaranteed by the Constitution, the judge added that it was the duty of the State and its machineries to provide for such an administration that catapults the governance in the right direction .
The court, however, granted liberty to the authorities to initiate appropriate proceedings against the petitioner.
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