By invoking 'principles of Karma' Madras High Court grants relief to policeman facing punitive transfer

The Madras High Court at Madurai recently allowed a plea moved by a constable of the Tamil Nadu police who was already facing 13 disciplinary proceedings to quash his latest transfer order placing him 150 kilometers away from his current posting.

The bench of Justice S Srimathy observed that the impugned transfer order had traces of punitiveness and the petitioner was already undergoing punishment and receiving a meager salary for his alleged misconduct. The judge said,

"Even for the criminal act, the punishment is based on the reformative theory. Therefore, by invoking the principles of Karma this Court is inclined to grant relief to the petitioner. In the principles of Karma the “Sanchita Karma” (entire karma) is apportioned as “Prarabdha Karma” (portion of the karma) and punishment is imposed to undergo only for the “Prarabdha Karma” (portion of the karma). In the present case, the petitioner is undergoing several punishments and transfers to a distant place would be adding to the misery by way of financial implication."

Therefore, while observing that if the petitioner is transferred to traffic police, that would meet the ends of justice, the judge directed the respondent authorities to post the petitioner as Traffic Police within Madurai District.

The petitioner, namely Srimurugan, joined the Tamil Nadu Police Department as Grade-II Constable in the year 2003. In 2011, he met with an accident following which he took frequent medical leaves, sometimes, without following due protocol.

His petition before the high court stated that because of such leaves, he was subjected to a series of disciplinary proceedings from 2019 onwards, and had been transferred within the department four times in a span of 18 months.

He further submitted that while his contemporaries in the police department were drawing a monthly salary of Rs. 59,000, he was only taking home Rs. 9,000 because of the disciplinary proceedings' punishments.

Moreover, his counsel, while arguing that the petitioner will not be able to sustain his family and himself if transferred to Tuticorin as per the latest transfer order, informed the court that the petitioner was willing to serve as a Traffic Constable instead.

This proposal was opposed by the Additional Advocate General who submitted that the allegations against the petitioner were too serious and the transfers were "incidental" to police service. Moreover, he argued that the petitioner being in uniform service, could not chose any post or place as he wished.

However, the court opined that the latest transfer order seemed punitive and if the petitioner is transferred to traffic police, that would meet the ends of justice. In view of the same, court allowed the instant petition while advising the petitioner to continue his police duty alone without indulging in RTI petitions and other activities.

Case Title: R Srimurugan vs The Inspector General of Police and Ors