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It also noted that the government had suspended the second accused, IPS officer D Kannan, who served as the Chengalpattu SP, considering the gravity of allegations against him. THE MADRAS High Court on Tuesday strongly recommended to the state government to suspend a former Special DGP against whom a woman subordinate IPS officer has complained of sexual harassment.
Justice N Anand Venkatesh’s direction came during a hearing as the court had taken suo motu proceedings in the case last week.
Even as the state government had removed the accused from the post of Special DGP and kept him on compulsory wait, the High Court observed that “placing an officer under compulsory wait does not attach any stigma to it and such compulsory wait is resorted to only in cases where a government servant is not able to be accommodated in a suitable post or vacancy for extracting his services”.
Noting that the period during which a government servant is kept under compulsory wait is construed to be a “period spent on duty”, the court observed that the accused officer remains entitled for all service benefits, including allowances during this period of compulsory wait.
“It is therefore clear that keeping an officer under compulsory wait can never be construed as a punishment,” the court said.
It also noted that the government had suspended the second accused, IPS officer D Kannan, who served as the Chengalpattu SP, considering the gravity of allegations against him. “The yardstick must be the same irrespective of the position held by the accused person. The fact that this court has taken upon itself to monitor the investigation in this case shows that it involves public interest, and also the dignity of the police force in the state of Tamil Nadu,” the court said.
Therefore, the court said, “taking a positive step by suspending” the DGP-rank accused officer pending the investigation “will bring in more confidence in the perception of the general public that the issue has been taken up with all seriousness and the investigation will progress in a free and fair manner”. “The sentiments expressed by this court in the present order should be given due weightage by the state, and necessary steps shall be taken and reported before this court,” the court said. The case was posted to March 23 for further hearing.