Madras High Court
N.Kodeeswaran vs The Deputy Inspector Of Police on 12 September, 2023
W.A.(MD) No.1486 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1486 of 2023
N.Kodeeswaran ... Appellant/Writ Petitioner
-vs-
1.The Deputy Inspector of Police,
Dindigul Zone, Dindigul.
2.The Superintendent of Police,
Theni District, Theni.
3.The Deputy Superintendent of Police,
Bodi Circle, Theni District. ... Respondents/Respondents
PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set
aside the order, dated 12.06.2019 made in W.P.(MD)No.4215 of 2013 on the
file of this Court.
For Appellant : Mr.G.Thiruvarutselvan
For Respondents : Mr.M.Lingadurai
Special Government Pleader
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W.A.(MD) No.1486 of 2023
JUDGMENT
[Judgment of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]
This Writ Appeal is directed against the order of the learned Single
Judge dated 12.06.2019 made in W.P.(MD)No.4215 of 2013. By the said order,
the learned Single Judge dismissed the writ petition filed by the appellant
herein praying for a Writ of Certiorarified Mandamus challenging the orders of
the respondents dated 21.03.2012 and 10.09.2012 and consequently to direct
the second respondent to treat the period of suspension as on duty and to
disburse the entire monetary benefits to the appellant.
2. The brief facts leading to the filing of the writ appeal are that the
appellant was working as Special Sub Inspector of Police. He was placed under
suspension on account of a case in Crime No.16 of 2007 for the offences
under Sections 342, 355, 323 and 506(ii) of IPC and Section 4 of the Tamil
Nade Prohibition of Harassment of Women Act. Pursuant to the registration of
the case, the departmental proceedings were also initiated against the
appellant and ultimately the appellant was imposed with a punishment of
stoppage of increment for a period of three years without cumulative effect. On
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W.A.(MD) No.1486 of 2023
appeal preferred by the appellant, the same was reduced to one year. While so
the criminal case against the appellant was quashed by this Court on
compromise with the victim.
3. On the strength of the same, the appellant herein made a
representation to treat the period of suspension as on duty and to disburse
the full salary and monetary benefits to the appellant. By the order impugned
in the writ petition, the same was rejected on the ground that when a
punishment has been imposed in the disciplinary enquiry, in view of the
provisions as per FR.54, 54A and 54B, if only criminal cases ended in
honourable acquittal, the prayer can be granted. As against which, the appeal
preferred by the appellant was also rejected and hence, the writ petition.
4. The learned Single Judge found that if only the charges are dropped
against the Government employee, he will be entitled to full salary and the
period of suspension can be treated as duty. Since in the instant case,
punishment has been imposed, it is the discretion of the authorities to
regulate the period of suspension as leave applicable in the manner admissible
under the rules. Therefore, finding no infirmity in the impugned order, the
learned Single Judge dismissed the writ petition.
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W.A.(MD) No.1486 of 2023
5. Mr.G.Thiruvarutselvan, the learned counsel for the appellant would
contend that when the criminal case, pursuant to which, the appellant was
suspended, was ultimately quashed on compromise, the same should be
treated on par with honourable acquittal and therefore, the learned Single
Judge ought to have allowed the writ petition.
6. We are unable to accept the said contention of the learned counsel for
the appellant. Even though the criminal proceedings ended in quashment of
the complaint, that too on compromise with the victim, in this case
simultaneously disciplinary proceedings have also been initiated in respect of
the same incident and the disciplinary proceedings have culminated into an
order of punishment. Therefore, as rightly found by the learned Single Judge
when the disciplinary proceedings have ultimately culminated into a
punishment, there is no question of treating the suspension period as duty
and it is open for the respondent authorities to treat the same as admissible
leave as per the rules and therefore, no exception whatsoever can be taken on
the findings and conclusions reached by the learned Single Judge.
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W.A.(MD) No.1486 of 2023
7. In the result, the writ appeal is without any merits and is accordingly
dismissed. No costs.
[S.S.S.R., J.] [D.B.C., J.]
12.09.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
To
1.The Deputy Inspector of Police,
Dindigul Zone, Dindigul.
2.The Superintendent of Police,
Theni District, Theni.
3.The Deputy Superintendent of Police,
Bodi Circle, Theni District.
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W.A.(MD) No.1486 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sji
W.A.(MD) No.1486 of 2023
12.09.2023
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