SI’s appointment: Madras HC pulls up police department for non-compliance

CHENNAI: A verbal duel resulting in injuries to a few would not come within the definition of moral turpitude, held the Madras High Court, and instructed the Director General of Police to appoint the litigant to the post of sub-inspector, which was denied to the petitioner as he was booked in a criminal case in connection to a street fight.

“We are 200 per cent sure that the order denying appointment to the petitioner is a make-believe affair, which has been passed mechanically,” held a division bench of Justice R Subramanian and Justice G Arul Murugan while dismissing the plea preferred by Tamil Nadu police challenging a single judge order.

Coming down heavily on the authorities for not complying with the single judge order, the bench said, “We do not think we should remit the matter again to the appointing authority, the deputy inspector general of police, Vellore range, as we realised that he is either incapable of comprehending the orders of this court or that he simply does not want to comprehend the orders.” “The Authority should bear in mind that certain directions issued by this court ought to be followed in letter and spirit. A half-hearted attempt to make it believe that the orders of this court have been complied with will not be appreciated,” wrote the bench. Further, the bench directed the police department to appoint the petitioner to the post of sub-inspector within eight weeks.

The petitioner C Dilip Kumar applied for the post of sub-inspector and was successful in the selection process. However, during the pendency of selection, the petitioner was involved in a physical altercation with some individuals during a temple festival after they allegedly caused a ruckus by dancing before the deity in an inebriated state.

Because the petitioner was booked in a criminal case, his application for the sub-inspector post was rejected. Challenging the rejection order, Dilip Kumar moved the HC, which had set aside the police department’s rejection order and directed the authorities to consider the matter in favour of the petitioner.

Despite the high court’s order on February 15, 2023, the deputy inspector general of police, Vellore, passed an order denying appointment to the petitioner.

Once again, the petitioner challenged the rejection order, and the HC ordered the authorities again to appoint the petitioner to the post of sub-inspector. Challenging the order, the Tamil Nadu police department moved the present appeal.

However, the bench refused the contentions of the department and held that a wordy quarrel at the time of the village festival, leading to injuries to some of the victims, cannot be considered to be a very serious offence involving moral turpitude.

Despite the High Court’s order on February 15, 2023, the deputy inspector general of police, Vellore, passed an order denying appointment to the petitioner