Madras High Court
R.Rajendran … vs The Director General Of Police on 7 March, 2022
W.P. No. 5096 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 5096 of 2022
R.Rajendran … Petitioner
-vs-
1. The Director General of Police,
(Law and Order)
Police Headquarters,
Mylapore,
Chennai – 600 004.
2. The Deputy Inspector General of Police,
Villupuram Range,
Villupuram District,
Villupuram.
3. The Superintendent of Police,
Villupuram District,
Villupuram. ...
Respondents
Prayer:- Writ Petitions filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the First Respondent to
disburse of the Terminal and other benefits, including the pensionery benefit,
wages for his suspension period, increment and other monetary benefit of the
Petitioner, based on his representation dated 20.10.2021, within the time period
that may be stipulated by this Court.
For Petitioner : Mr. K. Thilageswaran
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W.P. No. 5096 of 2022
For Respondents : Mr. P.Balathandayutham,
Special Government Pleader
ORDER
Heard Mr. K.Thilageswaran, Learned Counsel for the Petitioner and
Mr. P.Balathandayutham, Learned Special Government Pleader, who takes
notice for the Respondents, and perused the materials placed on record, apart
from the pleadings of the parties.
2. According to the Petitioner, while he was working as Inspector of Police
in City Crime Branch, Tirunelveli, a criminal case in Crime No. 10 of 2007
under Section 7 of the Prevention of Corruption Act, 1988, was registered
against him by the Vigilance and Anti Corruption Department and he was
transferred to the Office of the Superintendent of Police, Villupuram District.
The criminal case ended in conviction of the Petitioner by order dated
19.02.2016 in Special Case No. 42 of 2014 passed by the Special Court for
Trial of Cases under the Prevention of Corruption Act, Tirunelveli and in view
of such conviction by the Criminal Court, the Petitioner was dismissed from
service by the Second Respondent by Order in D.O. No. 131/2016 dated
26.04.2016 which was communicated to him by Order No. D.O. 467/2016
dated 27.04.2016 by the Third Respondent. However, the conviction of the
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W.P. No. 5096 of 2022
Petitioner in the criminal case was set aside by the Madurai Bench of this Court
by the judgment dated 11.12.2020 in Crl. A. Nos. 61 and 138 of 2016 and the
Petitioner was acquitted. The Petitioner then made a representation dated
15.09.2021 to set aside the order of termination from service in view of his
acquittal in the criminal case in the appeal.
3. It has been brought to notice by that by proceedings in C. No.
D1/22234/ 2021 dated 15.11.2021 issued by the Third Respondent, it has been
informed to the Petitioner that the decision relating to the filing of Special Leave
Petition before the Hon'ble Supreme Court of India against the acquittal in the
criminal case from the Government is awaited and his representation would be
considered on receipt of the report from the Director of Vigilance and Anti
Corporation, Chennai in that regard. At that stage, the Petitioner has filed this
Writ Petition for directing the First Respondent to disburse his terminal and
other benefits, including the pensionery benefits, wages for his suspension
period, increment and other monetary benefit of the Petitioner, based on another
representation dated 20.10.2021 made by him.
4. Having regard to the fact that the dismissal of the Petitioner from service
was only based upon his conviction in the criminal case, in the event of not
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W.P. No. 5096 of 2022
preferring any further appeal against the appellate judgment setting aside his
conviction and acquitting him, particularly when period of limitation is
prescribed for it, it would follow that the Petitioner would be entitled to have his
dismissal from service set aside as its consequence. As such, it is incumbent
upon the concerned authorities to immediately take a decision on the filing of
Special Leave Petition before the Hon'ble Supreme Court of India against the
appellate judgment and depending upon its outcome, necessary action would
have to be taken on the representation made by the Petitioner for the benefits
claimed and communicated to him by 31.05.2022 under written
acknowledgment and file report of compliance before the Registrar (Judicial) of
this Court in that regard.
In fine, the Writ Petition is disposed on the aforesaid terms. No costs.
07.03.2022
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Index: Yes/No
Note: Issue order copy by 20.04.2022.
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W.P. No. 5096 of 2022
To
1. The Director General of Police,
(Law and Order)
Police Headquarters,
Mylapore,
Chennai – 600 004.
2. The Deputy Inspector General of Police,
Villupuram Range,
Villupuram District,
Villupuram.
3. The Superintendent of Police,
Villupuram District,
Villupuram.
Copy to
The Registrar (Judicial),
Madras High Court,
Chennai – 600 104.
https://www.mhc.tn.gov.in/judis
W.P. No. 5096 of 2022
P.D. AUDIKESAVALU, J.
kv
W.P. No. 5096 of 2022
Dated : 07.03.2022
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