A.Ananthi vs The Superintendent Of Police
2023 Latest Caselaw 3932 Mad

                                                                                 W.P(MD)No.5744 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 06.04.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                               W.P(MD)No.5744 of 2023

                A.Ananthi                                                  ... Petitioner
                                                           Vs.



                1.The Superintendent of Police,
                 Office of Superintendent of Police,
                 Virudhunagar District.

                2.The Deputy Superintendent of Police,
                  Office of Deputy Superintendent of Police,
                  Srivilliputtur,
                  Virudhunagar District.

                3.C.Senthilkumar                                                  ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, to direct the respondents 1 & 2
                herein to initiate appropriate departmental proceedings as against the third
                respondent pursuant to his conviction vide Judgment dated 03.11.2022 in
                S.T.C.No.80 of 2022 on the file of the Fast Track Court, Uthamapalayam, by
                considering the petitioner's representation dated 21.12.2022.
                                  For Petitioner     : Mr.R.Rajeshkumar

                                  For Respondent     : Mr.G.Suriyananth
                                                       Additional Government Pleader for R1 & R2
                                                     : No appearance for R3
https://www.mhc.tn.gov.in/judis
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                                                                                 W.P(MD)No.5744 of 2023



                                                   ORDER

Heard the learned counsel appearing for the petitioner and the learned

Additional Government Pleader appearing for the respondents 1 & 2. Though

the third respondent has been served and his name is printed in the cause list, he

has not chosen to enter appearance.

2. The petitioner prosecuted the third respondent for the offence under

Section 138 of the Negotiable Instruments Act. The third respondent was found

guilty vide Judgment dated 03.11.2022 in S.T.C.No.80 of 2022 on the file of the

Fast Track Court (Magisterial Level), Uthamapalayam. The third respondent

has filed an appeal. Sentence appears to have been suspended. But conviction

has not been suspended. When the Government employee suffers conviction,

he has to be shown the door. If he succeeds in the appeal, then he has to be

taken back in the service. But he may not be given monetary benefit for the

intervening period. The petitioner's case is justified. The first respondent is

directed to pass order on the petition mentioned representation as per law

within a period of two weeks from the date of receipt of a copy of this order.

3. The Writ Petition is disposed of accordingly. No costs.

                                                                                   06.04.2023
                Index     : Yes / No
                Internet  : Yes/ No
                rmi

NOTE:Issue Order Copy on 11.04.2023.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.5744 of 2023

To

1.The Superintendent of Police, Office of Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Srivilliputtur, Virudhunagar District.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.5744 of 2023

G.R.SWAMINATHAN, J.

rmi

W.P(MD)No.5744 of 2023

06.04.2023

https://www.mhc.tn.gov.in/judis