Madras High Court
A.D.G.P.Civil Defence And Home ... vs N.Sundarapandiyan on 18 June, 2021
W.A.(MD)No.1154 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1154 of 2021
and
CMP(MD).No.4969 of 2021
1. A.D.G.P.Civil Defence and Home Guards,
E.V.R.Maligai, Nandanam, Chennai - 35.
2. The Superintendent of Police,
Virudhunagar District.
3. The Deputy Superintendent of Police,
Virudhunagar District Crime Branch,
Virudhunagar.
4. The Area Commander,
Home Guard,
Virudhunagar District,
Rajapalayam. ... Appellants/Respondents
Vs.
N.Sundarapandiyan ... Respondent/
Writ Petitioner
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.23385 of 2015, dated 07.11.2019.
For Appellants : Mr.A.K.Manickam
Government Counsel
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W.A.(MD)No.1154 of 2021
For Respondent : Mr.Lakshmi Gopinathan
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.A.K.Manickam, learned Government Counsel
appearing for the appellants and Mr.Lakshmi Gopinathan, learned counsel
appearing for the respondent.
2. This writ appeal has been filed by the first respondent in
W.P(MD).No.23385 of 2015, dated 07.11.2019. The said writ petition was filed
by the respondent herein to quash the order of removal passed against the
respondent dated 03.11.2015 and reinstating him in service as Home Guard.
3. The present writ petition, against which the appeal has been filed, is
a second round of litigation. In the first round of litigation, the order passed by
the 2nd appellant dated 21.04.2012, was challenged by filing W.P(MD).No.7703
of 2012, which was allowed by order dated 04.01.2013, on the ground that no
definite charges were framed against the respondent and no opportunity to show
cause or explain his conduct was given to him. However, while allowing the
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W.A.(MD)No.1154 of 2021
writ petition, liberty was granted to the appellants to initiate fresh action against
the respondent. This resulted in issuance of a second charge memo, which has
culminated into an order dated 03.11.2015. This was impugned in W.P(MD).No.
23385 of 2015.
4. The learned Single Bench after considering the entire facts and
circumstances found that even in the second charge memo, there was no specific
charges framed against the respondent. Further, it was held that there has been
serious violation of principles of natural justice. Accordingly, the writ petition
was allowed and the order of removal was quashed. However, once again the
learned Writ Court granted liberty to the appellants to initiate fresh proceedings
after issuing charge memo.
5. In our considered opinion, the order passed by the learned Writ
Court quashing the order of removal was fully justified. However, considering
the fact that the respondent has been litigating before this Court from 2012
onwards, we are of the view that no liberty will be granted to the appellant to
initiate fresh proceedings.
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W.A.(MD)No.1154 of 2021
6. In the result, the writ appeal is dismissed with the slight
modification in the order passed by the learned Single Bench by deleting the
liberty granted to the appellants to issue fresh charge memo and as a
consequence thereof, the respondent shall be notionally reinstated and all
admissible benefits to be sanctioned and paid to him within a period of four
months from the date of receipt of a copy of this judgment, as the respondent
has attained the age of superannuation on 31.04.2021. No costs. Consequently,
connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 18.06.2021
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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.A.(MD)No.1154 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)No.1154 of 2021
18.06.2021
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