V.Vedachalam vs The Director General Of Police
2023 Latest Caselaw 5490 Mad

                                                                            W.P.No.27616 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 06.06.2023

                                                         CORAM:

                                  THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                             W.P.No.27616 of 2022
                                       and WMP Nos.26887 and 26888 of 2022

                   V.Vedachalam                                                ...Petitioner
                                                            Vs

                   1. The Director General of Police,
                      Mylapore, Chennai-600 004.

                   2. The Superintendent of Police,
                      Kancheepuram District,
                      Kancheepuram.                                          .. Respondents


                   PRAYER: Writ Petition filed under Article 226 of the Constitution of India
                   to issue a Writ of Certiorarified Mandamus to call for the entire records
                   relating to the impugned order passed by the 1st respondent in his
                   proceedings Rc.No.67610/Con.II(2)/2007 dated 12.12.2017 and quash the
                   same and consequently direct the respondents to disburse the petitioner's
                   pension along with retirement benefits like Gratuity, General Provident
                   Fund, Special Provident Fund, Encashment Earned Leave and Unearned
                   Leave on Private Affairs with interest.
                                    For Petitioner      : Mr.JR.Hemalatha
                   1/6




https://www.mhc.tn.gov.in/judis
                                                                               W.P.No.27616 of 2022

                                   For Respondents : Mr.S.Rajesh
                                                     Government Advocate

                                                       ORDER

In a trap case registered by the authorities of Vigilance and Anti-

Corruption, a case in Cr.No.20 of 2005, the petitioner along with the

Inspector viz., S.Krishnan, was implicated for the offence punishable under

Prevention of Corruption Act. The Criminal Special Case No.3/2008 on the

file of Chief Judicial Magistrate, Chengalpattu ended in acquittal through an

order dated 24.04.2015. In the meantime, the Commissioner of Disciplinary

Proceedings had conducted enquiry and charges against the petitioner was

held to be proved in the final report dated 10.12.2015. The petitioner had

submitted his further representation on 20.04.2016. Through the impugned

order dated 12.12.2017, the first respondent herein, had imposed the

punishment of compulsory retirement, which is now put under challenge in

the present writ petition.

2. Learned counsel for the petitioner submits that since the

respondents do not have any authority to withhold the pensionary benefits

and also since the punishment is one of the compulsory retirement, the

https://www.mhc.tn.gov.in/judis W.P.No.27616 of 2022

petitioner is entitled for the benefits from the date of punishment.

3. Per contra, learned Government Advocate place reliance on the

averments in the counter affidavit and submits that the Director, DVAC has

filed an appeal against the acquittal before this Court on 05.08.2015 in

C.A.SR.No.34951 of 2015 and the same is yet to be numbered. He further

submits that since the charges against the petitioner are serious in nature

and also the co-delinquent viz., the Inspector of Police had challenged the

enquiry proceedings before this Court, which has been stayed, they are not

in a position to disburse the benefits.

4. It is not in dispute that under Service Regulations, governing the

respondent department, the respondents are not empowered to withhold the

retirement and pensionary benefits to a member of their service for

punishment of compulsory retirement. The only objection seems to be that

the Director of DVAC has preferred an appeal before this Court. Even

assuming that the judgment of the appeal has been challenged, I am unable

to comprehend as to how the retirement and pensionary benefits can be

https://www.mhc.tn.gov.in/judis W.P.No.27616 of 2022

withheld, particularly, when the first respondent herein had chosen to

impose the punishment of compulsory retirement. This apart, the

proceedings as against the co-delinquent viz., S.Krishnan, the Inspector of

Police will not be an embargo or impediment to disburse the benefits to the

petitioner herein. Pendency of such proceedings against the co-delinquent

will have absolutely no bearing on the case of the petitioner. Thus, when the

first respondent himself has chosen to relieve the petitioner by imposing the

punishment of compulsory retirement, the petitioner would be entitled for all

the retirement benefits from the date of such punishment i.e., 12.12.2017

together with interest.

5. At this juncture, learned counsel for the petitioner submits that the

petitioner would be satisfied if the retirement benefits are disbursed at the

earliest and no interference may be required to the impugned order of

punishment.

6. Recording the submission of the learned counsel for the petitioner,

there shall be a direction to the first respondent herein to forthwith disburse

https://www.mhc.tn.gov.in/judis W.P.No.27616 of 2022

all the retirement benefits including pensionary benefits to the petitioner

together with interest at the rate of 6% p.a within a period of six weeks from

the date of receipt of a copy of this order.

7. With the above direction, the writ petition is partly allowed. No

costs. Consequently, connected miscellaneous petitions are closed.

06.06.2023

Index:Yes Speaking order sr

https://www.mhc.tn.gov.in/judis W.P.No.27616 of 2022

M.S.RAMESH,J.

Sr

To

1. The Director General of Police, Mylapore, Chennai-600 004.

2. The Superintendent of Police, Kancheepuram District, Kancheepuram.

W.P.No.27616 of 2022

06.06.2023

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