Madras High Court
P.Murugesan vs The Director General Of ... on 12 October, 2022
1 W.P.(MD)NO.13148 OF 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.13148 of 2022 and
W.M.P.(MD)No.9341 of 2022
P.Murugesan ... Petitioner
Vs.
1. The Director General of Police(TN),
O/o.The Director General of Police,
Mylapore, Chennai – 600 004.
2. The Deputy Inspector General of Police,
Madurai Range, Madurai.
3. The Superintendent of Police,
Madurai, Madurai District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorarified
Mandamus, calling for the records relating to orders passed
by the 3rd respondent in C.No. F2/18562/250/2017 D.O.
No. 524/2017 dated 29.05.2017 for suspension and in C.
No. F2/18562/250/2017 D.O.No. 563/2017 dated 30.05.2017
for not permitted to retire from service Superannuation i.e.
31.05.2017 AN and quash the same and consequently direct
the respondents to pay all monetary and other benefits from
the date of retirement dated 31.05.2017 with cost.
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2 W.P.(MD)NO.13148 OF 2022
For Petitioner : Mr.M.Subash Babu
For Respondents: Mr.J.K.Jayaseelan,
Government Advocate.
***
ORDER
Heard the learned counsel on either side.
2. The writ petitioner was working as Head Constable
in the police department. He reached the age of
superannuation on 31.05.2017. He was however not allowed
retire because a vigilance case was pending against him. The
said case ended in acquittal on 21.11.2019.
3. The learned counsel appearing for the petitioner
has enclosed a copy of the judgment dated 21.11.2019 in
Special Case No.67 of 2011 on the file of the Special Court for
Trial of PC Act Cases, Madurai. Therefore, the reason which
led to the passing of the impugned order no longer holds good.
4. When the matter was taken up on the last occasion,
I called upon the learned Government Advocate to obtain
https://www.mhc.tn.gov.in/judis
3 W.P.(MD)NO.13148 OF 2022
instructions as to whether the judgment of acquittal passed in
favour of the petitioner has become final or not. When the
matter was taken up for hearing today, the learned
Government Advocate on instructions stated that as on date no
appeal has been filed against the judgment of acquittal.
5. In this view of the matter, the Secretary to
Government, Home, Prohibition and Excise Department,
Secretariat, Chennai, is directed to permit the petitioner to
retire. All the consequential benefits including pension shall
be disbursed. The third respondent is directed to send
relevant proposals through higher authorities to the
Government within a period of four weeks from the date of
receipt of a copy of this order. The entire exercise of
disbursement of benefits shall be carried out within a period
of sixteen weeks from the date of receipt of a copy of this
order. This writ petition stands allowed. No costs.
Consequently, connected miscellaneous petition is closed.
12.10.2022
Index : Yes / No
Internet : Yes/ No
PMU
https://www.mhc.tn.gov.in/judis
4 W.P.(MD)NO.13148 OF 2022
G.R.SWAMINATHAN,J.
PMU
To:
1. The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai.
2. The Director General of Police(TN),
O/o.The Director General of Police,
Mylapore, Chennai – 600 004.
3. The Deputy Inspector General of Police,
Madurai Range, Madurai.
4. The Superintendent of Police,
Madurai, Madurai District.
W.P.(MD)No.13148 of 2022
12.10.2022
https://www.mhc.tn.gov.in/judis
5 W.P.(MD)NO.13148 OF 2022
https://www.mhc.tn.gov.in/judis
