Madras High Court
C.Manimaran vs The Director General Of Police on 1 April, 2021
W.P.No.38795 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.38795 of 2015
and
MP.No.3 of 2015, WMP.Nos.3941 of 2020 & 1856 of 2021
C.Manimaran ... Petitioner
Vs
1. The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai.
2. The Superintendent of Police,
Office of the Superintendent of Police Campus,
Perambalur.
... Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Certiorarified Mandamus calling for the records of
the second respondent in connection with the order of dismissal dated
21.08.2007 in Na.Ka.No.F1/PR.67/2006 and the order passed by the first
Respondent dated 12.10.2015 in R.Dis.No.070164/AP 4(1)/2015 and quash
the same and consequently direct the respondents to reinstate the petitioner
in service with all attendant benefits.
(Prayer amended vide order dated 15/04/2019, made in WMP.No.32170 of
2018 in WP.No.38795 of 2015 by KRCBJ)
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.38795 of 2015
For Petitioner : Mr.R.Singaravelan, Sr.C.
for M/s.S.Ambigapathi
For Respondents : Mr.S.Thangavel, Spl.GP
ORDER
According to the Petitioner, while he was working as Police
Constable Grade II – PC No.1277 at Armed Reserve, Perambalur District,
by order dated 22.11.2005, he was placed under suspension, for his
involvement in a criminal case in Cr.No.320 of 2005 on the file of
Arumbavur Police Station, for the offence under Section 392 IPC. After
trial, he was convicted in SC.No. 78 of 2006 on 13.08.2007 by the
Additional District and Sessions Judge, FTC, Ariyalur, against which, he
preferred an appeal in Crl.A.No.789 of 2007. During the pendency of the
same, the petitioner was dismissed from service by order dated 21.08.2007.
Subsequently, the criminal appeal was allowed by setting aside the
judgment of conviction and sentence passed against the petitioner. Based on
the same, the petitioner filed a mercy petition dated 27.04.2015 before the
first respondent requesting to cancel the punishment imposed on him and to
reinstate him in service. Without considering the judgment of acquittal, the
mercy petition was rejected by the first respondent vide order dated
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W.P.No.38795 of 2015
12.10.2015. Questioning the same, the petitioner has preferred this writ
petition to quash the order of dismissal passed by the second respondent as
well as the rejection of his mercy petition by the first respondent and
consequently, direct the respondents to reinstate him in service.
2.The respondents filed a detailed counter affidavit, stating that the
charge against the petitioner has two parts: firstly, his unauthorised absence
from duty and secondly, for his involvement in a robbery; the trial Court as
well as this Court have considered only the criminal offence and have not
considered his absence from duty; in the criminal case, the petitioner was
acquitted on the ground that the prosecution failed to establish the guilt of
the accused beyond reasonable doubt, which means it is not a honourable
acquittal, whereas enough evidence was placed in the disciplinary
proceedings to establish the guilt based on preponderance of probabilities
for involvement of the petitioner in the robbery and the unauthorised
absence was clearly proved and hence, the petitioner's mercy petition was
rejected by the first respondent by order dated 12.10.2015. It is also stated
that acquittal in the criminal case does not entitle the petitioner to claim a
right against the disciplinary proceedings and in support of the same, a
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W.P.No.38795 of 2015
reliance was placed in Shashi Bhushan Prasad v Inspector General,
Central Industrial Security Force and others [(2019) 7 SCC 797]; and
the yardsticks and the standard of proof are different in criminal cases and
disciplinary proceedings. With these averments, the respondents submitted
that there is no requirement for this Court to interfere with the orders
impugned in this writ petition.
3.The learned senior counsel appearing for the petitioner raised very
many contentions attacking the orders impugned herein. It is his specific
argument that without considering the judgment of acquittal passed in the
criminal appeal filed by the petitioner in a proper perspective, the first
respondent on his own interpretation to the same, rejected the mercy petition
filed by the petitioner, which is arbitrary, illegal and non est in law. Stating
that the charges framed against the petitioner in the criminal proceedings
and the departmental proceedings are one and the same and the judgment of
acquittal passed in the criminal proceedings was not taken into
consideration by the first respondent, while passing the order impugned
herein, he ultimately prayed that to meet the ends of justice, the petitioner
may be permitted to submit a fresh mercy petition to the first respondent
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W.P.No.38795 of 2015
seeking to reconsider the punishment imposed on him and on filing of such
petition, the first respondent may be directed to consider the same and pass
orders afresh, within a time frame to be stipulated by this Court.
4.The learned Additional Government Pleader appearing for the
respondents has no serious objection for granting such relief to the
petitioner.
5.In view of the above, this writ petition stands disposed of, granting
liberty to the petitioner to file a fresh mercy petition within a period of two
weeks from the date of receipt of a copy of this order. On filing of such
petition, the first respondent shall consider the same and pass orders afresh,
after providing an opportunity of hearing to the petitioner, within a period
of eight weeks thereafter. No costs. Consequently connected miscellaneous
petitions are closed.
01.04.2021
Index : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis/
W.P.No.38795 of 2015
R.MAHADEVAN, J.
av
To
1. The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai.
2. The Superintendent of Police,
Office of the Superintendent of Police Campus,
Perambalur.
W.P.No.38795 of 2015
01.04.2021
https://www.mhc.tn.gov.in/judis/
