Madras High Court
K.Kasimayan vs The Director General Of Police on 10 November, 2022
W.P(MD)No.14156 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.11.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.14156 of 2022
and
W.M.P.(MD)No.18785 of 2022
K.Kasimayan ... Petitioner
Vs.
1.The Director General of Police,
Office of Director General of Police,
Radhakrishnan Salai,
Chennai.
2.The Deputy Inspector General of Police,
Office of the Deputy Inspector General of Police,
Theni, Dindigul,
Dindigul.
3.The Superintendent of Police,
Office of the Superintendent of Police Office,
Theni District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned order of the 3rd respondent in
C.No.F1/3607/2004 D.O. No:1329/2007 dated 09.11.2007 and subsequent
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W.P(MD)No.14156 of 2022
order of the 3rd respondent in Na.Ka.No.F3/20835/203/2020 dated 05.01.2022
to quash the same and consequently directing the respondents to pay all
monetary and pension benefits to the petitioner.
For Petitioner : Mr.S.Ramsundarvijayaraj
For Respondents : Mr.R.Suresh Kumar,
Addl. Government Pleader.
ORDER
Heard the learned counsel on either side.
2.The writ petitioner joined Police Department as Grade-II Constable on
12.04.1979. He became Grade-I Constable in the year 1995 and Head
Constable on 08.12.1999. He was involved in Crime No.10 of 1999 registered
on the file of Kanavilaku Police Station. The case culminated in C.C.No.147 of
2001 on the file of learned Judicial Magistrate, Andipatti. The petitioner was
convicted and sentenced vide judgment dated 22.10.2007. In view of the same,
the petitioner was dismissed from service vide order dated 24.11.2007.
Questioning the conviction, the petitioner filed C.A.No.42 of 2007 before the
learned Additional District Sessions Judge (Fast Track Court), Periyakulam.
The appeal was dismissed. Challenging the same, the petitioner filed
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W.P(MD)No.14156 of 2022
Crl.R.C.(MD) No.118 of 2010 before this Court. Vide order dated 10.09.2019,
the judgments passed by the Courts below were set aside and
Crl.R.C.(MD)No.118 of 2010 was allowed. As a result, the conviction and
sentence imposed on the petitioner were set aside.
3.Citing the said order, the petitioner applied for relief before the
disciplinary authority. It was rejected by the impugned order dated 05.01.2022.
Challenging the same, the present writ petition came to be filed.
4.The learned counsel for the writ petitioner reiterated all the contention
set out in the affidavit filed in support of the writ petition and grant the relief as
prayed for.
5.The respondents have filed counter affidavit and the learned Additional
Government Pleader took me through its contents and submitted that the
impugned order does not call any interference.
6.I carefully considered the rival contentions and went through the
materials on record. The writ petitioner was dismissed from service only by
virtue of conviction and sentence imposed by the competent Criminal Court.
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W.P(MD)No.14156 of 2022
Once it was set aside by the High Court in exercise of revisional jurisdiction,
the consequence is automatic. The petitioner reached the age of superannuation
on 31.12.2014. The petitioner through his counsel submitted that he would not
press for backwages for the period from the date of dismissal till the date of
reaching the age of superannuation. However, he called upon this Court to treat
the said period as on duty for all other purposes. The contention advanced by
the learned counsel for the writ petitioner is sound.
7.Police Standing Orders 67 (1) and (5) read as under:-
“67. Procedure after acquittal — The Government have issued
the following orders in the matter of reinstatement of a Government
Servant kept under suspension pending a criminal proceeding against
him and of holding a departmental enquiry into the conduct of an
officer who has already been tried in a Criminal Court on the facts,
which formed the basis of the charge against him. [G.O. Ms. No. 186,
Judi, 21st January 1884]
(1) When a Police Officer has been tried and acquitted by a
Criminal court or has had his conviction quashed on appeal, he
should ordinarily be reinstated.
(5) If a Police Officer has been punished on the basis of his
conviction in a criminal court, and if the conviction itself is later on
set aside by another Court, the punishment awarded to the police
officer may be set aside by an authority not lower in rank than the
highest among the officers who have either awarded the original
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W.P(MD)No.14156 of 2022
penalty or have revised it suo-motu or on an appeal or petition from
the Police officer concerned in respect of that penalty.”
8.In this case, the question of reinstatement will not arise because the
petitioner had already reached the age of superannuation. However, the order
of dismissal has to be set aside and the petitioner has to be given all the
consequential benefits. In this view of the matter, the order impugned in this
writ petition is set aside and the respondents are directed to treat the petitioner
as having retired on 31.12.2014. Appropriate proceedings will be issued in this
regard by the third respondent. The period from the date of dismissal till
31.12.2014 will be treated as on duty for the purpose of computing the other
benefits. What is denied is only backwages for the aforesaid period. The
necessary proposals for payment of pension will be prepared at the earliest and
all the benefits payable to the petitioner will be disbursed within a period of
twelve weeks from the date of receipt of a copy of this order.
9.The writ petition is allowed accordingly. No costs. Consequently,
connected miscellaneous petition is closed.
10.11.2022
Index : Yes / No
Internet : Yes/ No
ias
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14156 of 2022
G.R.SWAMINATHAN, J.
ias
To:
1.The Director General of Police,
Office of Director General of Police,
Radhakrishnan Salai,
Chennai.
2.The Deputy Inspector General of Police,
Office of the Deputy Inspector General of Police,
Theni, Dindigul,
Dindigul.
3.The Superintendent of Police,
Office of the Superintendent of Police Office,
Theni District.
W.P(MD)No.14156 of 2022
10.11.2022
https://www.mhc.tn.gov.in/judis
