Madras High Court invokes principle of 'karma', grants relief to police constable facing punitive transfer

The Madurai bench of the Madras High Court recently granted relief to a constable of the Tamil Nadu police, who was subjected to four transfers within 18 months, and was facing 13 disciplinary proceedings for alleged misconduct [R Srimurugan vs The Inspector General of Police and Ors]..In an order passed on September 29, Justice S Srimathy of the Madurai bench said that punishment for criminal acts is based on reformative theory and, therefore, invoked principles of 'karma' to grant relief to the constable."The petitioner is already undergoing punishment and receiving meager salary. Even for criminal acts, punishment is based on 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 distance place would be adding to the misery by way of financial implication," the High Court said. The Court, therefore, directed the Inspector General (IG) of Police, Madurai, and the State police department to transfer the petitioner, R Srimurugan to the traffic department instead of transferring him to Tuticorin district 150 kilometres away from his current posting in Madurai.The bench was hearing a petition filed by Srimurugan challenging his latest transfer order to Tuticorin district. Srimurugan also sought quashing of the punishment orders following the 13 disciplinary proceedings against him..As per the petition, 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 was forced to take frequent medical leave, sometimes, without following due protocol.He said that because of such leaves, he was subjected to a series of disciplinary proceedings from 2019 onwards, and was transferred within the department four times in a span of 18 months..Srimurugan had previously challenged all 13 punishment orders passed against him following the disciplinary proceedings, and the Madras High Court had directed the State home department to impose a "lesser punishment" upon him. He submitted that the police department was yet to implement the Court's previous order. He also said that while his contemporaries in the police department were drawing a monthly salary of ₹59,000, he was only taking home ₹9,000 because of the disciplinary proceedings' punishments. He said he will not be able to sustain his family and himself if transferred to Tuticorin. The State police, however, argued that the transfers were "incidental" to police service. It also said that Srimurugan repeatedly indulged in misconduct and frequently used the Right to Information (RTI) Act as a "tool to get things done his way.".Justice Srimathy, however, said that Srimurugan was already facing several punishments and the transfer to a distant location would add to his troubles. She also said that the present transfer order had "traces of punitiveness." The Court directed the IG and the State home department to not transfer Srimurugan to Tuticorin but, instead, transfer him to the traffic department in Madurai. The Court also "advised" Srimurugan to concentrate on his "police duties alone," and "not indulge in RTI petitions and other activities." Advocate Niranjan S Kumar appeared for Srimurugan, the petitioner.Additional Government General Veera Kathiravan, and special government pleader Farjana Ghoushia appeared for the respondents..[Read Judgment]