MURUGANANTHAM Vs. STATE HUMAN RIGHTS COMMISSION TAMILNADU

JUDGEMENT

(1.) These writ petitions are filed challenging the order of the State Human Rights Commission in SHRC Case No.5955 of 2006 dated 12.3.2010 and the consequential order issued in G.O.(D)No.903 Home (Pol -16) Department, dated 8.9.2010 passed by the second respondent, directing the the Director General of Police to recover a sum of Rs.15,000/ - each from the pay and allowances of Muruganantham, Sub Inspector of Police and Kamala, Woman Sub Inspector of Police (petitioners in W.P.Nos.13560 and 15036 of 2010 respectively), and Rs.5,000/ - each from the pay and allowance of Madasamy and Gopalakrishnan, Head Constables (petitioners in W.P.Nos.15035 and 15037 of 2010). In the said Government order, a further direction is given to initiate disciplinary action against the petitioners herein under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955.

(2.) The brief facts necessary for disposal of these writ petitions are as follows:

(3.) The Woman Sub -Inspector of Police Kamala filed counter affidavit and stated that when she was doing her duty while checking the vehicles the 4th respondent argued loudly with her for 30 minutes. The public gathered and she asked the 4th respondent to show his driving licence and other documents, for which the 4th respondent replied that it is not possible to carry those documents always with him and he is not possessing the same right now. According to the Sub -Inspectors of Police, the 4th respondent made a derogatory remarks and consequently the other Sub -Inspector Muruganandam served notice under the Motor Vehicles Act for not possessing driving licence and other related documents when the vehicle was checked at 11.00 a.m. After receiving the notice the 4th respondent again shouted loudly and uttered ugly words against the petitioners, who were discharging their official duty. Hence the 4th respondent was arrested at 11.20 a.m. and brought to the police station and a case in Cr.No.166 of 2006 was filed under Section 75 of the Tamil Nadu City Police Act.