Chennai, July 21:
Observing that a police officer appearing before a court in a drunken state brings disrepute to the entire force, the Madras High Court has restored the departmental punishment imposed on a Special Sub-Inspector and directed the Director General of Police (DGP) to issue a statewide circular on courtroom discipline.
The case pertains to V. Arumugam, who was serving as a Special Sub-Inspector at Arakandanallur police station. He had appeared as a prosecution witness before the Judicial Magistrate Court in Tirukoilur on November 25, 2014. During his deposition, the Magistrate noted the smell of alcohol on his breath, incoherent speech, and irregular behaviour, and directed that he undergo a medical examination.
A medical officer subsequently issued a drunkenness certificate confirming the presence of alcohol. Though blood and urine tests were not conducted, Arumugam did not object to the medical examination. Based on these findings, departmental disciplinary proceedings were initiated against him, and he was placed under suspension.
The disciplinary authority imposed the major penalty of compulsory retirement. However, on appeal, the punishment was modified to postponement of his next increment for three years, along with a corresponding delay in future increments.
After nearly four years, Arumugam challenged the modified punishment through a writ petition. A single judge of the High Court allowed the petition, primarily citing the absence of blood and urine test reports.
Challenging this order, the DGP filed a writ appeal before the High Court. Allowing the appeal, a Division Bench comprising Justice S.M. Subramaniam and Justice N. Senthilkumar set aside the single judgeās order. The Bench held that appearing before a court in a drunken condition is a serious act of misconduct that tarnishes the image of the police force and that disciplinary action can be based on the principle of preponderance of probability.
Emphasising that misconduct within court premises cannot be tolerated under any circumstances, the Bench directed the DGP to issue a circular within four weeks. The circular is to instruct all police personnel to appear before courts in proper uniform and maintain absolute integrity and devotion to duty, failing which strict disciplinary action would follow.