Madras High Court
P.Kumanan vs The Commissioner Of Police on 12 January, 2022
W.P. No. 32987 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.32987 of 2016
P.Kumanan ... Petitioner
-Vs-
1. The Commissioner of Police,
Greater Chennai,
Egmore,
Chennai – 600 008.
2. The Deputy Commissioner of Police,
Armed Reserve Police,
St.Thomas Mount,
Chennai.
3. The Assistant Commissioner of Police,
Armed Reserve Police,
St.Thomas Mount,
Chennai. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Mandamus calling for records
relating to the impugned order of 1st respondent in C.No.135/39567/PR
V(2)/CPO/2014 – PR No.155/PR IV(3)/2012-PR No.110/H2/2011 dated
06.01.2016, quash the same and further direct the respondents to reinstate
the petitioner in service with all attendant benefits w.e.f. 25.7.2012.
1/7
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W.P. No. 32987 of 2016
For Petitioner : Mr.Diwakar
for Mr/M.S.Balaji
For Respondents : Mr.C.Selvaraj
Additional Government Pleader
ORDER
With the consent of both the parties, this writ petition is taken up for
final disposal.
2. On a charge memo dated 20.04.2012, the petitioner was alleged
to have married a minor girl, in connection with which, he was arrayed as
an accused in a criminal case in FIR No.22 of 2010. On enquiry, the
charges were held to be proved and the 2nd respondent herein had imposed
the punishment of dismissal from service through the impugned order
dated 25.07.2012. On 06.08.2012, the petitioner had filed an appeal before
the 1st respondent herein, which came to be rejected on 06.01.2016,
confirming the order of dismissal. Challenging these orders of punishment
and the appellate order, the present writ petition has been filed.
3. Mr.Diwakar, learned counsel appearing for the petitioner would
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W.P. No. 32987 of 2016
submit that after the original order of dismissal dated 25.07.2012 was
passed, the criminal case for which he was charged had culminated into
S.C.No.154 of 2013 and by judgment dated 06.02.2014, the petitioner
herein was honorably acquitted. This aspect has not been dealt with by the
1st respondent and therefore sought for interference to the punishment.
4. Per contra, the learned Additional Government Pleader placed
reliance on the counter affidavit and submitted that the petitioner, being a
member of the armed force, is required to maintain dignity and honour in
the profession and the charges for which he has been dealt with, are very
serious in nature. He also submitted that when the original order of
punishment was passed, the criminal case was pending and therefore, there
was no infirmity in the punishment of dismissal.
5. When the petitioner was originally dismissed from service on
25.07.2012, the criminal case in S.C.No.154 of 2013 was still pending and
therefore, the question of considering the subsequent judgment of acquittal
does not arise. Likewise, when the petitioner had filed an appeal before the
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W.P. No. 32987 of 2016
1st respondent on 06.08.2012, the criminal case was pending. However,
when the Appellate Authority had confirmed the order of acquittal, there is
nothing on record to show that the judgment of acquittal in S.C.No.154 of
2013 dated 06.02.2014 was brought to the 1st respondent's notice.
However, the fact remains that the petitioner has been acquitted on
06.02.2014 itself by the Criminal Court on analysing the oral and
documentary evidences before it. This order of acquittal may have some
significance for consideration by the Appellate Authority. Thus, this court
is of the view that the petitioner may be given an opportunity to raise the
grounds before the 1st respondent once again for reconsideration.
6. This apart, Rule 6 of the Tamil Nadu Police Subordinate Services
(Discipline and Appeal Rules), 1955 (hereinafter referred to as 'the Rules')
stipulates the procedure for the Appellate Authority to consider an appeal.
As per the said Rule, the Appellate Authority, while considering an appeal,
is required to consider as to whether the facts on which the original order
of punishment was passed have been established, whether the facts
established afford sufficient ground for taking action and whether the
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W.P. No. 32987 of 2016
penalty was proportionate to the leveled charges. In the Appeal order
dated 06.01.2016, the 1st respondent herein has rejected the appeal by
making an observation that the victim girl had spoken about the affair she
had with the delinquent and that she had lived with him as a spouse. Apart
from that, there is no factual finding as stipulated in Rule 6 of the Rules.
Since the appellate order itself is in violation of the Rules, the order
requires interference on this ground also.
7. In the result, the impugned order of the 1st respondent dated
06.01.2016 is quashed and consequently, the matter is remanded back to
the 1st respondent for reconsideration. The petitioner is granted liberty to
raise additional grounds and also enclose a copy of the judgment in
S.C.No.154 of 2013 dated 06.02.2014 of the 1st respondent to reconsider
the issue. Such an appeal petition raising additional ground shall be filed
within 15 days from the date of receipt of a copy of this order. On receipt
of the same, the 1st respondent shall afford due opportunity to the petitioner
and thereafter pass a speaking order in conformity with Rule 6 of the
Rules, within a period of 3 months therefrom.
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W.P. No. 32987 of 2016
8. The writ petition stands ordered, accordingly. No costs.
12.01.2022
Index: Yes / No
Speaking Order/Non-speaking order
rap/MRM
To
1. The Commissioner of Police,
Greater Chennai,
Egmore,
Chennai – 600 008.
2. The Deputy Commissioner of Police,
Armed Reserve Police,
St.Thomas Mount,
Chennai.
3. The Assistant Commissioner of Police,
Armed Reserve Police,
St.Thomas Mount,
Chennai.
M.S.RAMESH, J.
rap/MRM
https://www.mhc.tn.gov.in/judis
W.P. No. 32987 of 2016
W.P. No. 32987 of 2016
12.01.2022
https://www.mhc.tn.gov.in/judis
