Madras High Court
V. Srinivasan vs The Director General Of Police ... on 7 August, 2023
WA .No.1765 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
and
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Writ Appeal No.1765 of 2023
---
V. Srinivasan
HC 1826/VI M/58
Vikravandi Police Station
Villupuram District
Villupuram .. Appellant
Versus
1. The Director General of Police Chennai
Kamarajar Salai
Chennai.
2. The Deputy Inspector General of Police,
Villupuram Range,
Villupuram.
3. The Superintendent of Police
Villupuram. .. Respondents
Writ Appeal filed under Clause 15 of Letters Patent praying to set aside
the order dated 11.07.2017 made in WP.No.17456 of 2017.
For Appellant : Mr.V.Vijayashankar
For Respondents : Ms. Mythreye Chandru
Special Government Pleader
https://www.mhc.tn.gov.in/judis
1/7
WA .No.1765 of 2023
JUDGMENT
(Judgment of the Court was delivered by R. MAHADEVAN, J.)
The appellant has preferred this intra-court appeal against the order
dated 11.07.2017 passed by the learned Judge in W.P. No.17456 of 2017,
dismissing the writ petition filed by him.
2. According to the appellant, he was appointed as Police Constable
Grade - II in the year 1985 and allotted to the Armed Reserve Unit, South
Arcot, Cuddalore District. On 23.08.1987, the appellant and two others were
deputed for escort duty of a life convict by name Gundu @ Selvaraj who has
been permitted to go on parole to visit his relatives in his native village.
Accordingly, the life convict was escorted to his Village on 23.08.1997 till
26.08.1997. After expiry of the parole period, the life convict was brought to
the Cuddalore Central Prison by bus. During his travel, the life convict was
without handcuffs and taking advantage of the same, at about 1.30 pm, when
the bus was proceeding near Varanjaram Village, he suddenly jumped out
from the moving bus and attempted to escape. Immediately, the bus was
stopped and the appellant and two other Constables chased him, but it ended in
vain. In connection with this incident, a complaint was given to Varanjaram
Police Station on the next day i.e., 27.08.1997 based on which a case was
https://www.mhc.tn.gov.in/judis
WA .No.1765 of 2023
registered for the offence under Section 224 of IPC. Subsequently, the life
convict was arrested during November 1997 and sent to prison.
3. In this connection, a charge memo was issued to the appellant and
two others on the ground that they were negligent in performance of the duty
which resulted in the life convict escaping from their custody. The
explanation offered by the appellant was not accepted and an enquiry was
conducted. After conclusion of the enquiry, the enquiry officer submitted his
report based on which the punishment of postponement of increment for one
year with cumulative effect was imposed on the appellant by the third
respondent. Aggrieved by the same, the appellant preferred an appeal to the
second respondent. On receipt of the appeal, after issuing a show cause notice,
the second respondent enhanced the punishment and dismissed the appellant
from service by an order dated 28.09.1998.
4. As against the order of dismissal, the appellant filed O.A. No.
8787 of 1998 before the Tamil Nadu Administrative Tribunal, Chennai. The
Tribunal, by an order dated 08.07.2003 allowed the application, whereby the
order of dismissal passed by the second respondent was set aside and instead
ordered to impose the punishment of stoppage of increment for two years with
https://www.mhc.tn.gov.in/judis
WA .No.1765 of 2023
cumulative effect. Challenging the order of the Tribunal, the respondents have
filed WP. Nos. 18279 of 2006 and 7080 of 2006 relating to the appellant and
other delinquent by name M.Ganesan. Both the writ petitions were disposed of
by the Division Bench of this Court on 23.06.2009 confirming the orders
passed by the Tribunal with a further direction to re-consider the claim of the
appellant as per the decision of this Court in the case of M. Nagarajan and
others vs. The Registrar, High Court, Madras and another (2003) (3) MLJ
479. Pursuant to such orders passed by this Court, the second respondent
passed final order dated 14.10.2009, whereby the punishment of 'dismissal
from Service' imposed against the appellant was modified into one of
postponement of increment for three years with cumulative effect and the
appellant was also reinstated in to service. After his reinstatement, the
appellant has submitted a representation dated 24.05.2016 to the respondents
seeking to grant pay and allowance for the period of unemployment, but it was
not considered. Therefore, the appellant has filed WP No. 17456 of 2017
before the learned Judge to issue a Writ of Mandamus directing the
respondents to consider and pass orders on his representation dated 24.05.2016
with regard to pay and allowance for the unemployment period and revision of
seniority.
https://www.mhc.tn.gov.in/judis
WA .No.1765 of 2023
5. The learned Judge, on appreciation of rival submissions, held that
after 8 years of the order dated 14.10.2009 passed by the second respondent,
the representation dated 24.05.2016 was given and thereby the appellant has
attempted to revive a stale cause of action. Accordingly, the learned Judge
dismissed the Writ Petition No. 17456 of 2017 filed by the appellant on
11.07.2017 on the ground of delay and laches. Aggrieved over the said order
dated 11.07.2017, the appellant has come up with this writ appeal.
6. When this appeal was taken up for hearing today, the learned
counsel for the appellant submitted that on 31.01.2018, the appellant reached
the age of superannuation and retired from service. Therefore, the appellant be
permitted to submit a representation to the respondents seeking to treat the
period of unemployment as duty and the same be directed to be considered on
merits, for which the learned Special Government Pleader appearing for the
respondents has no serious objection.
7. Giving such liberty to the appellant, the Writ Appeal stands
disposed of. No costs.
[R.M.D., J] [M.S.Q., J]
07.08.2023
av/rsh
Index
https://www.mhc.tn.gov.in/judis
: Yes / No
WA .No.1765 of 2023
To
1. The Director General of Police Chennai,
Kamarajar Salai,
Chennai.
2. The Deputy Inspector General of Police,
Villupuram Range,
Villupuram.
3. The Superintendent of Police,
Villupuram.
https://www.mhc.tn.gov.in/judis
WA .No.1765 of 2023
R. MAHADEVAN, J
and
MOHAMMED SHAFFIQ, J
av/rsh
WA No. 1765 of 2023
07.08.2023
https://www.mhc.tn.gov.in/judis
