Citation : 2021 Latest Caselaw 11375 Mad
Judgement Date : 2 June, 2021
W.A.(MD)No.1052 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1052 of 2021
and
C.M.P.(MD)No.4735 of 2021
1.The Deputy Inspector General of Police,
Madurai Region, Madurai.
2.The Superintendent of Police,
Virudhunagar,
Virudhunagar District.
3.The Additional Deputy Superintendent of Police (Crime),
Office of Superintendent of Police,
Virudhunagar,
Virudhunagar District. ... Appellants / Respondents
Vs.
G.Ramar ... Respondent / Writ Petitioner
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 06.02.2020 in W.P.(MD)No.547 of 2020 on the file of
this Court.
https://www.mhc.tn.gov.in/judis/
1/4
W.A.(MD)No.1052 of 2021
For Appellants : Mr.R.Baskaran
Standing Counsel for Government
For Respondent : Mr.N.Dilip Kumar
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.R.Baskaran, learned Standing Counsel for
Government appearing for the appellants and Mr.N.Dilip Kumar, learned
Counsel appearing for the respondent / writ petitioner.
2.With the consent on either side, the writ appeal itself is taken up for
final disposal.
3.This writ appeal is directed against the order, dated 06.02.2020
passed in W.P.(MD)No.547 of 2020.
4.The learned Single Bench had quashed the disciplinary proceedings
initiated against the respondent / writ petitioner, by following the decision of
the Division Bench in W.A.(MD) No.908 of 2017, dated 25.09.2019. This writ
appeal was also filed by the appellants-department against the order, passed in
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1052 of 2021
W.P.(MD) No.9386 of 2016, dated 28.11.2016 filed by Mr.V.S.Elangovan -
Head Constable. The facts are identical in both cases and the respondent / writ
petitioner was a co-delinquent. Though separate charge proceedings were
issued, the allegations were one and the same. Therefore, the reasons assigned
by the Division Bench, in its Judgment, dated 25.09.2019, would equally
applicable to the case on hand and therefore, we find that there is no error in the
order passed by the learned Single Bench, in allowing the writ petition.
5.Accordingly, the writ appeal fails and the same is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
02.06.2021
Index : Yes / No
Internet : Yes / No
RM/rmi
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.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1052 of 2021
T.S.SIVAGNANAM, J.
AND S.ANANTHI, J.
RM/rmi
JUDGMENT MADE IN W.A.(MD)No.1052 of 2021
02.06.2021
https://www.mhc.tn.gov.in/judis/
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