CHENNAI: Madurai bench of Madras high court has quashed the punishment imposed on a police constable for sporting a beard in accordance with his religious beliefs. HC ruled that the disciplinary action was “shockingly disproportionate”.
G Abdul Khadar Ibrahim was granted a 31-day earned leave for the pilgrimage to Mecca and Medina six years ago. On his return, he sought an extension of his leave, claiming he had a leg infection.
In Oct 2019, Ibrahim was subjected to a preliminary inquiry and issued a memo of charges that included failing to report for duty after his earned leave and maintaining a beard against the regulations stated in 1957 Madras police gazette.
During the inquiry, Ibrahim later claimed, he was not allowed to cross-examine key witnesses, including the duty sub-inspector and an assistant commissioner. Despite his defence, the inquiry officer found the charges valid, leading to his increments being stopped for three years with a cumulative effect.
Ibrahim appealed against the decision, but the Madurai police commissioner only reduced the punishment to two years without cumulative effect, prompting Ibrahim to file a writ petition challenging the order.
Justice L Victoria Gowri said Madras police gazette permits Muslim officers to wear a beard. “The duty of upkeeping discipline in the department does not permit the respondents to initiate punishment on employees belonging to minority communities, particularly Muslims, for maintaining a beard which they do throughout their lives by following the commandments of Prophet Mohammed,” she said. It quashed the punishment and asked the Madurai police commissioner to take a fresh decision in line with legal principles within eight weeks.
G Abdul Khadar Ibrahim was granted a 31-day earned leave for the pilgrimage to Mecca and Medina six years ago. On his return, he sought an extension of his leave, claiming he had a leg infection.
In Oct 2019, Ibrahim was subjected to a preliminary inquiry and issued a memo of charges that included failing to report for duty after his earned leave and maintaining a beard against the regulations stated in 1957 Madras police gazette.
During the inquiry, Ibrahim later claimed, he was not allowed to cross-examine key witnesses, including the duty sub-inspector and an assistant commissioner. Despite his defence, the inquiry officer found the charges valid, leading to his increments being stopped for three years with a cumulative effect.
Ibrahim appealed against the decision, but the Madurai police commissioner only reduced the punishment to two years without cumulative effect, prompting Ibrahim to file a writ petition challenging the order.
Justice L Victoria Gowri said Madras police gazette permits Muslim officers to wear a beard. “The duty of upkeeping discipline in the department does not permit the respondents to initiate punishment on employees belonging to minority communities, particularly Muslims, for maintaining a beard which they do throughout their lives by following the commandments of Prophet Mohammed,” she said. It quashed the punishment and asked the Madurai police commissioner to take a fresh decision in line with legal principles within eight weeks.
Source Agencies
