Madras High Court
K.Vivekanandan vs The Director General Of Police on 4 January, 2022
W.P(MD)No.2194 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.2194 of 2020
and W.M.P.(MD)No.1847 of 2020
K.Vivekanandan ... Petitioner
versus
1. The Director General of Police,
Chennai – 600 004.
2. The Deputy Inspector General of Police,
Madurai,
Madurai Range.
3. The Commissioner of Police,
Coimbatore City.
4. The Deputy Commissioner of
Police Traffic,
Coimbatore City. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Certiorarified Mandamus, to call for the
records relating to the impugned order of the second respondent in
C.No.A2(1)/4970/124/2018 (PR No.54/2005 of CBE City) dated
1/8
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W.P(MD)No.2194 of 2020
23.08.2018, quash the same and consequently, direct the respondents
herein to fix and revise the pay, arrears of pay, increment with all
monetary and service benefits including due seniority and promotion.
For Petitioner : Mr.K.Muthu Ganesa Pandian
For Respondents : Mr.G.V.Vairam Santhosh,
Additional Government Pleader
ORDER
This writ petition is filed as against the order dated 23.08.2018,
in and by which, the disciplinary authority, namely, the second
respondent has imposed a punishment of stoppage of increment to the
petitioner pursuant to the enquiry conducted by him.
2. The learned counsel for the petitioner submits that the
petitioner joined the service as Sub Inspector of Police on 02.06.1997
and after completion of regularization of his service, he has been
working as Sub Inspector of Police, Armed Reserve. While so, he was
placed under suspension based on a criminal case registered against
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W.P(MD)No.2194 of 2020
him in Cr.No.18 of 2002 for the offence punishable under Sections 7 &
13(2) r/w. Sections 13(1)(d) of Prevention of Corruption Act 1988.
Subsequently, a charge memo was issued to the petitioner. The said
criminal case was tried by the learned Special Judge cum Chief Judicial
Magistrate, Coimbatore, in Special C.C.No.7 of 2003. After the trial,
the trial Court, vide Judgment dated 24.08.2010, acquitted the
petitioner from all the charges. Aggrieved over the same, the
respondents filed an appeal in C.A.No.723 of 2010 before this Court.
This Court, vide Judgment dated 24.01.2013, dismissed the appeal, by
confirming the Judgment of acquittal passed by the trial Court. When
the petitioner was acquitted from all the charges, the charge memo
issued to the petitioner based on the criminal case in Spl.C.C.No.7 of
2003 ought to have been dropped by the respondents. However, the
disciplinary authority proceeded with the departmental proceedings and
passed an order dated 23.08.2018, imposing the punishment of
stoppage of increment pursuant to the enquiry conducted by them.
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W.P(MD)No.2194 of 2020
3. Mr.G.V.Vairam Santhosh, learned Additional Government
Pleader appearing for the respondents submits that the order of
acquittal passed by the Criminal Court is not a bar for the Department
to proceed with the departmental proceedings and therefore, they have
proceeded with the departmental proceedings with the available
materials and the petitioner was imposed with the punishment of
stoppage of increment. He further submits that as against the order of
punishment, an appeal remedy is also available to the petitioner before
the Director General of Police, but, without invoking the appeal
remedy, the petitioner is before this Court.
4. This Court paid its anxious consideration to the rival
submissions made.
5. The petitioner was issued with the charge memo, pursuant to
his involvement in the criminal case in Spl.C.C.No.7 of 2003.
However, the criminal case ended in acquittal. The disciplinary
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W.P(MD)No.2194 of 2020
authority proceeded with the departmental proceedings based on the
available materials and after the enquiry, the disciplinary authority,
vide his order dated 23.08.2018, imposed punishment of stoppage of
increment on the petitioner. Against the order of punishment, an
appeal remedy is available to the petitioner, but, the petitioner has
approached this Court without resorting to the remedy of appeal. The
acquittal in criminal case is not a bar for the Department to proceed
with the departmental proceedings. The ratio adopted in a criminal case
is benefit of doubt and the ratio adopted in the departmental proceeding
is preponderance of probabilities. Therefore, this Court is not inclined
to accept the contention of the learned counsel for the petitioner that in
view of acquittal in criminal case, the Department is not entitled to
proceed with the departmental proceedings. As against the order of
punishment, the petitioner is having an appeal remedy before the
appellate authority, namely, the Director General of Police. Without
invoking the appeal remedy, the petitioner has approached this Court
under Article 226 of the Constitution of India. Hence, the writ petition
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W.P(MD)No.2194 of 2020
is dismissed with liberty to the petitioner to prefer an appeal before the
appellate authority, within a period of three weeks from the date of
receipt of a copy of this order.
6. In view of the liberty granted to the petitioner, the appellate
authority, on filing of an appeal within the said period of three weeks,
entertain the appeal without raising any objection on limitation and
decide the same on merits and in accordance with law, within a period
of six months from the date of receipt of such appeal. No costs.
Consequently, connected miscellaneous petition is closed.
04.01.2022
ogy
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.2194 of 2020
To
1. The Director General of Police,
Chennai – 600 004.
2. The Deputy Inspector General of Police,
Madurai,
Madurai Range.
3. The Commissioner of Police,
Coimbatore City.
4. The Deputy Commissioner of
Police Traffic,
Coimbatore City.
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W.P(MD)No.2194 of 2020
B.PUGALENDHI, J.
ogy
W.P(MD)No.2194 of 2020
04.01.2022
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