Madras High Court
K.Kanagalakshmi vs State Represented By The on 7 December, 2021
W.P.(MD)No.11402 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.12.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.11402 of 2014
and
M.P.(MD)No.1 of 2014
K.Kanagalakshmi ... Petitioner
vs.
1.State represented by the
Secretary to Government,
Home (Police) Department,
St.George Fort, Chennai.
2.The Appellate Authority,
The Deputy Inspector General of Police,
Tirunelveli Range, Tirunelveli,
3.The Punishing Authority,
The Superintendent of Police,
Thoothukudi District.
4.The Enquiry Officer,
The Deputy Superintendent of Police,
Thoothukudi Rural Sub-Division,
Thoothukudi.
1/8
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W.P.(MD)No.11402 of 2014
5.The Station House Officer,
The Inspector of Police,
Kovilpatti East Police Station,
Kovilpatti,
Thoothukudi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to
the impugned order (1) the minutes of enquiry officer, the fourth respondent,
dated 16.06.2011 (2) award of removal from service by the punishing authority,
third respondent, dated 07.12.2011, (3) the order of the second respondent
appellate authority in C4/AP.27/2012, dated 19.06.2012, (4) impugned letter
No.Na.Ka.No.H3/43994/2013, dated 22.11.2013, on the file of the third
respondent and to quash the same as illegal and consequently to direct the second
respondent order to regularize the petitioner's husband in service and release all
pending salary, arrears of payments, family pension and other terminal benefits of
the petitioner's deceased husband PC.2267 C.Kanagaraj to the petitioner.
For Petitioner : Mr.P.Suresh
for Mr.R.Ponkarthikeyan
For Respondents : Mr.D.Sasi Kumar
Additional Government Pleader
*****
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.11402 of 2014
ORDER
This Writ Petition is filed for issuance of a Writ of Certiorarified
Mandamus, to quash the impugned order (1) the minutes of enquiry officer of the
fourth respondent, dated 16.06.2011 (2) award of removal from service by the
punishing authority, third respondent, dated 07.12.2011, (3) the order of the
second respondent appellate authority in C4/AP.27/2012, dated 19.06.2012, (4)
impugned letter No.Na.Ka.No.H3/43994/2013, dated 22.11.2013, on the file of
the third respondent and consequently to direct the second respondent order to
regularize the petitioner's husband in service and release all pending salary,
arrears of payments, family pension and other terminal benefits of the petitioner's
deceased husband PC.2267 C.Kanagaraj to the petitioner.
2.The petitioner is a widow of Late C. Kanagaraj, Ex. Police Constable
No. 2267 of Kovilpatti East Police Station, Tuticorin District. The petitioner's
husband died on 16.08.2012, due to ill health. Since she did not receive any
terminal benefits after his death, thereafter it came to her knowledge that her
husband was removed from service and the appeal before the second respondent
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W.P.(MD)No.11402 of 2014
was also rejected through letter, dated 22.11.2013. The charge against the
deceased employee was that he was involved in a criminal case in Crime No.
46/2010 under Sections 294(b), 324, 323 and 506(ii) of IPC.
3.Based on the FIR, disciplinary proceeding was initiated and the
charges were held proved, vide minutes, dated 11.06.2011. The Punishing
authority agreed with the enquiry report and awarded the punishment of removal
from service, vide order, dated 07.12.2011 and the Appellate authority, vide order,
dated 19.06.2012, has rejected the appeal as time barred.
4.In the meantime, the criminal case in C.C.No.321 of 2010 on the file of
Learned Judicial Magistrate No.II, Kovilpatti, the deceased delinquent was
acquitted, vide order, dated 21.07.2012. The petitioner has submitted a
representation, dated 15.07.2013 stating that her husband has not received any
salary nor any pension or terminal benefits and she is taking care of her mother-
in-law aged 70 years and her three children are struggling to meet their day-to-
day life.
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W.P.(MD)No.11402 of 2014
5.The respondents have filed a counter affidavit, narrating the enquiry
conducted against the delinquent. As far as the facts of the death of the
delinquent is concerned, the respondents have stated that they are not have any
remarks.
6.Heard Mr.P.Suresh, learned Counsel appearing for the petitioner and
Mr.D.Sasi Kumar,learned Additional Government Pleader appearing for the
respondents.
7.The deceased delinquent was involved in a criminal case in which he
was arrayed as Accused No.2. As per the petitioner, the delinquent was only
witnessing the quarrel and not involved in the quarrel. Moreover, the deceased
delinquent was acquitted from the criminal case. On perusing the judgment of the
Criminal Court it is seen that there is no overact against the deceased delinquent.
Therefore, this Court is convinced that the proportionate of punishment is of
higher side. Moreover, the family of the deceased delinquent i.e. the petitioner /
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W.P.(MD)No.11402 of 2014
wife with aged mother-in-law and three children are struggling without any
income. Therefore, to meet the ends of justice, this Court is modifying the
punishment from dismissal from service to compulsory retirement and the
respondents are directed to modify the punishment as compulsory retirement and
pay the consequential and monetary benefits to the petitioner.
8.With the above direction, the Writ Petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
Index : Yes / No 07.12.2021
Internet : Yes
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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.
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W.P.(MD)No.11402 of 2014
To
1.The Secretary to Government,
Home (Police) Department,
St.George Fort, Chennai.
2.The Appellate Authority,
The Deputy Inspector General of Police,
Tirunelveli Range, Tirunelveli,
3.The Punishing Authority,
The Superintendent of Police,
Thoothukudi District.
4.The Enquiry Officer,
The Deputy Superintendent of Police,
Thoothukudi Rural Sub-Division,
Thoothukudi.
5.The Station House Officer,
The Inspector of Police,
Kovilpatti East Police Station,
Kovilpatti,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.11402 of 2014
S.SRIMATHY, J
tmg
Order made in
W.P.(MD)No.11402 of 2014
07.12.2021
https://www.mhc.tn.gov.in/judis
