Madras High Court
S.Sundari vs The Commissioner Of Police on 9 August, 2021
W.P(MD)No.13782 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.13782 of 2021
S.Sundari ... Petitioner
Vs.
The Commissioner of Police,
Madurai City, Madurai ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondent to
revoke the order of suspension dated 13.05.2010 and the order of removal from
service dated 08.02.2017 passed against the petitioner's husband
S.M.Saminadhan and consequently direct the respondent to disburse the
monetary benefits for the period from 12.05.2010 to 30.09.2010 based on her
representation dated 29.06.2021 within a time frame as fixed by this Court.
For Petitioner : Mr.C.Arul Vadivel @ Sekar
for Ms.S.Bharathi
For Respondent : Mr.S.Shanmugavel
Standing Counsel for R1.
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W.P(MD)No.13782 of 2021
ORDER
Mr.S.Shanmugavel, learned Standing Counsel for State takes notice for
the respondent.
2. By consent, this Writ Petition is taken up for final disposal at the
admission stage itself.
3. According to the petitioner, the petitioner's husband viz.,
S.M.Saminathan, joined service in the police Department as Constable. While
he was working as Inspector of Police, at Madurai, a case in Crime No.13 of
2010 was registered and the same was taken on file in S.C.No.75 of 2011 by the
Special Court for trail of Prevention of Corruption Cases, Madurai and he was
convicted in the said case. Therefore, the petitioner's husband was suspended
and thereafter removed from service. As against the judgment passed by the
trial Court, the petitioner's husband preferred an appeal in Crl.A.(MD)No.479
of 2016 before this Court. This Court, by judgment dated 21.12.2020, allowed
the Criminal Appeal and acquitted the petitioner from the criminal case.
Thereafter, the petitioner's husband made a representation dated 03.05.2021 to
the respondent, requesting him to revoke the suspension as well as the order of
removal from service. In the meantime, the petitioner's husband died on
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W.P(MD)No.13782 of 2021
25.06.2021. Hence, the petitioner made a representation dated 29.06.2021 to
the respondent seeking to revoke the order of suspension, removal from service
and to disburse all the monetary benefits. Since no order has been passed, the
petitioner has come out with the present Writ Petition.
4. The learned Standing Counsel for State appearing for the respondent
submitted that the respondent may verify whether any appeal has been preferred
against the judgment in the Criminal Appeal and thereafter, may pass
appropriate orders.
5. Considering the submissions made on either side, this Court, without
going into the merits of the case, directs the respondent to consider the
representation of the petitioner dated 29.06.2021 and pass appropriate orders on
its own merits and in accordance with law, as expeditiously as possible
preferably, within twelve (12) weeks from the date of receipt of a copy of this
order.
6. With the above direction, this Writ Petition is disposed of. No costs.
09.08.2021
Index : Yes / No
Internet : Yes/ No
vsm
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.13782 of 2021
D.KRISHNAKUMAR, J.
vsm
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To:
The Commissioner of Police,
Madurai City, Madurai.
W.P(MD)No.13782 of 2021
09.08.2021
https://www.mhc.tn.gov.in/judis/
