Madras High Court
Lakshmanan vs The Principal Secretary/ on 23 November, 2021
W.P.(MD)No.4233 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.11.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.4233 of 2016
and
W.M.P.(MD)Nos.3769 and 3770 of 2016
Lakshmanan ... Petitioner
vs.
1.The Principal Secretary/
Secretary to Government,
Home Department (Police),
Fort.St.George, Chennai - 9.
2.The Inspector General of Police,
Law & Order, Chennai - 4.
3.The Commissioner of Police,
Tirunelveli City Police,
Palayankottai, Tirunelveli - 2.
4.The Deputy Commissioner of Police(L&O),
Tirunelveli City Police,
Tirunelveli - 2. ... 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 from the first
respondent relating to his impugned order passed in G.O.No.2(D) 297, dated
1/8
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W.P.(MD)No.4233 of 2016
26.08.2015, to quash the same and consequently to direct the respondents to
confer all benefits to the petitioner including promotional and monetary benefits
from the date of punishment of stoppage of increment of pay for one year
imposed on the petitioner by the fourth respondent from 21.12.1998.
For Petitioner : Mr.P.Senthurpandiyan
For Respondents : Mr.R.Ragavendran
Government Advocate (Civil Side)
*****
ORDER
This Writ Petition is filed for issuance of a Writ of Certiorarified
Mandamus, to call for the records from the first respondent relating to his
impugned order, dated 26.08.2015, to quash the same and consequently to direct
the respondents to confer all benefits to the petitioner including promotional and
monetary benefits from the date of punishment of stoppage of increment of pay
for one year imposed on the petitioner by the fourth respondent from 21.12.1998.
2.The petitioner was working as a Special Sub Inspector of Police in the
Police Control room in Palayankottai. Initially he was appointed as Police
Constable Grade-II on 26.12.1985 and promoted as Grade-I in the year 1988 in
the Armed Reserve Police, Tirunelveli. While the petitioner was serving as a
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W.P.(MD)No.4233 of 2016
Grade-I Police Constable, a single charge was framed against the petitioner for
negligence in performing the duty in Tirunelveli Medical College Hospital as a
prison Cell-Guard from 26.05.1998 to 27.05.1998 which enabled three prisoners
to escape from the police custody, in P.R.No.51/98 under rule 3(e)(1)(1) of
Tamilnadu Police Service (Discipline and Appeal Rules). For this incident, seven
Police Constables were facing disciplinary proceedings along with the petitioner,
namely, Senthatti, Senthil, Rajan, Arunachalam, Krishansamy,
Subramaniyaboopathi and Selvamurugan in P.R.Nos.45/98, 50/98, 52/98, 53/98,
54/98 and 55/98 respectively.
3.Then, an Enquiry Officer was appointed and the charges were held as
proved against all the delinquents. Then, the Appointing Authority has imposed a
punishment of reduction in pay for one stage for one year without cumulative
effect, vide order, dated 21.12.1998 and the same punishment was imposed on the
other delinquents also.
4.Heard Mr.P.Senthurpandiyan, learned Counsel appearing for the
petitioner and Mr.R.Ragavendran, learned Government Advocate appearing for
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W.P.(MD)No.4233 of 2016
the respondents.
5.The learned Counsel appearing for the petitioner submitted that the other
delinquent has challenged the same in a Writ Petition. One of the delinquent,
namely, Subramaiyaboopathi, has filed W.P.(MD)No.10871 of 2006, wherein, this
Court has allowed the Writ Petition. In the Writ Petition, the challenge was
against the Appellate order passed in G.O.(2D)No.405, Home (POL VI)
Department, dated 03.12.2002 and consequential order for promotion. The
relevant portion of the order is extracted below:
"13.For these reasons, the impugned order of the first
respondent, dated 03.12.2002, is set aside. But as far as the
promotion aspect is concerned, if the promotion to the post of
Grade I Police Constable and also the Head Constable is denied to
the petitioner, basing on the punishment imposed, which is set aside
in this Writ Petition, and if the petitioner is otherwise eligible, the
petitioner's claim can be considered and orders shall be passed
within a period of six months from the date of receipt of a copy of
this order."
6.Another delinquent, namely, Senthatti has filed a Writ Petition in
W.P.(MD)No.13926 of 2009 and this Court has allowed the Writ Petition. The
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W.P.(MD)No.4233 of 2016
relevant portion of the order is extracted below:
"3.The learned Counsel appearing on behalf of the petitioner
would submit that the petitioner is a co-delinquent employee. The
facts and circumstances of the case set out in W.P.(MD)No.10871 of
2006 are identical to the case on hand. Further, out of the six
delinquents, only three of them were punished, including the
petitioner. Hence, the petitioner cannot be singled out, without
proper reasons, adduced by the respondents.
4.Though a detailed counter affidavit has been filed, there is
no mention as to whether the Government preferred SLP against the
decision rendered in W.A.(MD)No.342 of 2008, dated 01.07.2008,
nor the respondents could distinguish the case of the petitioner,
except to state that the petitioner is a retired person. The judgment
of the Division Bench is of the year 2008. The said order has
attained finality and still, it governs the field.
5.I respectfully agree with the order of the learned Single
Judge made in W.P.(MD)No.10871 of 2006, dated 29.03.2007, as
well as the Division Bench of this Court rendered in W.A.(MD)No.
342 of 2008, dated 01.07.2008.
6.Following the said principle, the Writ Petition stands
ordered. Consequently, the connected miscellaneous petitions are
closed. No costs."
7.Since the co-delinquents were granted relief of setting aside the
impugned order and consequential benefits were granted, the petitioner cannot be
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W.P.(MD)No.4233 of 2016
singled out without proper reasons. Therefore, this Court following the earlier
orders granted to the co-delinquents, allows the present Writ Petition by setting
aside the G.O.(2D).No.297, Home (Police VI) Department, dated 26.08.2015 and
consequently directs the respondents to confer all benefits to the petitioner
including promotional and monetary benefits as eligible and as per law.
8.Accordingly, the Writ Petition is allowed. No costs. Consequently,
connected miscellaneous petitions are closed.
23.11.2021
Index : Yes / No
Internet : Yes
tmg
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W.P.(MD)No.4233 of 2016
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
1.The Principal Secretary/
Secretary to Government,
Home Department (Police),
Fort.St.George, Chennai - 9.
2.The Inspector General of Police,
Law & Order, Chennai - 4.
3.The Commissioner of Police,
Tirunelveli City Police,
Palayankottai, Tirunelveli - 2.
4.The Deputy Commissioner of Police(L&O),
Tirunelveli City Police,
Tirunelveli - 2.
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W.P.(MD)No.4233 of 2016
S.SRIMATHY, J
tmg
Order made in
W.P.(MD)No.4233 of 2016
23.11.2021
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