Is interference by taking a lenient view on misplaced sympathy in matters of discipline in a uniformed force desirable?
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
Interference by taking a lenient view on misplaced sympathy in matters of discipline in a uniformed force is not desirable.
No. Interference by taking a lenient view on misplaced sympathy in matters of discipline in a uniformed force is not desirable. It would fall beyond the realm of the powers of judicial review, result in a bad precedent and cause demoralization amongst the personnel of the Uniformed Forces.
Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 — r.3(b) — Letters Patent — Clause 15 — Desertion — Removal from service — Scope of judicial review — Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 — r.3(b) — Uniformed force — Lenient view undesirable — Held: Interference by taking a lenient view on misplaced sympathy in matters of discipline in a uniformed force is not desirable and falls beyond the realm of judicial review. (¶10) Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 — r.3(b) — Habitual desertion — Removal justified — Held further: Habitual desertion within a short span of service excludes any lenient view, since the morale and discipline of the force would otherwise be paralyzed. (¶9, 11) Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 — Circular — First time deserter only — Held further: A circular permitting reconsideration of a first time deserter does not apply where the deserter did not report within sixty days. Writ appeal allowed. (¶2, 11)
Headnote
You've used your free headnotes this month
The answer above and the Court's own paragraphs stay free. LexStreak's full headnote on this judgment needs an account — a free one opens it again.
Create my free accountOne judgment a day. That's the whole habit.
Read the full text of The Director General of Police v. G. Aravindhan — and get the Madras High Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India