Madras High Court
P.Alagiri vs The Director General Of Police on 2 August, 2023
W.A.No.1937 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.08.2023
CORAM
THE HON'BLE Mr. JUSTICE R. MAHADEVAN
AND
THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ
W.A.No.1937 of 2023
P.Alagiri .. Appellant
Vs.
1.The Director General of Police
Chennai 600 004
Tamil Nadu
2.The Commandant
Tamil Nadu Special Police
X Battalion, Ulundurpet .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the
Judgment dated 05.06.2023 passed in Review Application No.50 of 2023 in
W.P.No.27077 of 2008.
For Appellant : Mr.M.Gnanasekar
For Respondents : Mr.Abishek Murthy
Government Advocate
https://www.mhc.tn.gov.in/judis
1/5
W.A.No.1937 of 2023
JUDGMENT
(Judgment of the court was delivered by R. MAHADEVAN, J.)
This Writ Appeal arises from the order dated 05.06.2023 passed by the
learned Judge in Review Application No.50 of 2023 in W.P.No.27077 of 2008.
2. According to the appellant, who was a PC-429, TSP X Battalion, he
was removed from service by the proceedings of the 2nd respondent dated
27.10.2005, for the misconduct alleged to have been committed by him.
Challenging the said order, the appellant preferred an appeal before the
1st respondent and the same was dismissed vide proceedings dated 04.05.2008.
Aggrieved by the proceedings dated 27.10.2005 and 04.05.2008, he filed
W.P.No.27077 of 2008. The learned Judge, by order dated 30.09.2022,
dismissed the writ petition holding that the impugned orders do not require any
interference as there was no irregularity or perversity in passing the same.
Seeking to review the said order of the learned Judge passed in the writ petition,
the appellant preferred Review Application No.50 of 2023 and the same was
also dismissed by the learned Judge on 05.06.2023. Therefore, the writ
petitioner / review applicant is before this court with the present appeal.
https://www.mhc.tn.gov.in/judis
W.A.No.1937 of 2023
3. Assailing the order passed by the learned Judge, the learned counsel
for the appellant contended that the complainant herself gave a statement that
she had requested not to take any action on the basis of the complaint earlier
lodged by her on 24.05.2005; and she was not subjected for cross examination
during enquiry; and hence, the charges framed against the appellant have not
been proved beyond reasonable doubt. The learned counsel also submitted that
the case of the appellant is covered by the judgment dated 13.12.2018 passed in
WA.No.2545 of 2013 and the judgment dated 10.08.2021 passed in WA.No.193
of 2020, wherein it was clearly observed that non-intimation of the anticipatory
bail order and the participation in the proceedings before the Revenue
Divisional Officer would not per se attract any violation of the rule warranting
action. Without considering the same, the learned Judge erred in dismissing the
writ petition as well as the review application. The learned counsel, after
making some arguments, ultimately, submitted that it would suffice, if liberty is
granted to the appellant to challenge the order dated 30.09.2022 passed by the
learned Judge in W.P.No.27077 of 2008.
4. The learned Government Advocate appearing for the respondent
authorities has no serious objection for granting such liberty to the appellant.
https://www.mhc.tn.gov.in/judis
W.A.No.1937 of 2023
5. In view of the above submissions made by the learned counsel on either
side, liberty is granted and the writ appeal is disposed of accordingly. No costs.
[R.M.D,J.] [M.S.Q, J.]
02.08.2023
Internet : Yes
Neutral Citation : Yes/No
gya
To
1.The Director General of Police
Chennai 600 004
Tamil Nadu
2.The Commandant
Tamil Nadu Special Police
X Battalion, Ulundurpet
https://www.mhc.tn.gov.in/judis
W.A.No.1937 of 2023
R. MAHADEVAN, J.
AND
MOHAMMED SHAFFIQ, J.
gya
W.A.No.1937 of 2023
02.08.2023
https://www.mhc.tn.gov.in/judis
