R.Senthil Kumar vs The Government Of Tamil Nadu
2024 Latest Caselaw 7732 Mad

Madras High Court

R.Senthil Kumar vs The Government Of Tamil Nadu on 16 April, 2024

                                                                       WP(MD) No.3512 of 2024

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 16.04.2024

                                                    CORAM:

                                  THE HONOURABLE MS.JUSTICE R.N.MANJULA

                                          W.P.(MD) No.3512 of 2024
                                                    and
                                          W.M.P(MD)No.3476 of 2024

                      R.Senthil Kumar                                         ... Petitioner

                                                       Vs.

                      The Government of Tamil Nadu
                      Represented by its Principal Secretary to Government,
                      Home (Pol.2) Department,
                      Secretariat,
                      Chennai – 9.                                           ...Respondent


                      Prayer : Writ Petition filed under Article 226 of the Constitution of

                      India, praying this Court to issue a Writ of Certiorari calling for the

                      records relating to the impugned order of the respondent in Letter

                      No.e-29/Pol.2/2024-7, dated 06.01.2024 and quash the same.

                      1/6
https://www.mhc.tn.gov.in/judis
                                                                     WP(MD) No.3512 of 2024

                                  For Petitioner    : Mr.N.Dilipkumar
                                  For Respondent : Mr.M.Lingadurai
                                                     Special Government Pleader

                                                   ORDER

The present writ petition has been filed seeking a Writ

of Certiorari calling for the records relating to the impugned order

of the respondent in Letter No.e-29/Pol.2/2024-7, dated 06.01.2024

and quash the same.

2. Heard Mr.N.Dilipkumar, learned counsel for the

petitioner and Mr.M.Lingadurai, learned Special Government

Pleader appearing for the respondent.

3. The learned counsel for the petitioner submitted that

the petitioner was facing a criminal case in C.C.No.807 of 2019 and

by virtue of the judgment, dated 16.10.2023, the trial Court

convicted the petitioner and other accused. However, the petitioner

challenged the same by way of filing criminal appeal in Crl.A.

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

(MD)No.116 of 2023 and the same is pending. However, the order

of conviction itself has been stayed by virtue of the order passed in

Crl.R.C.(MD)No.83 of 2024 on 01.02.2024. When the suspension

is pending, the petitioner has been given with a impugned show

cause notice for removing the petitioner from service, in view of the

conviction suffered by him.

4. Since the order of conviction has been stayed and the

matter is subjudice in view of the pending criminal appeal, the show

cause notice is liable to be set aside.

5. The learned Special Government Pleader submitted

that as per the Rules, the petitioner is expected to offer his

explanation. Even if the petitioner offers his explanation, no orders

can be passed. The conviction has already been stayed. The charge

memo has been issued only because the petitioner was convicted.

As of now there is no enforceable order of conviction.

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

6. In view of the said reasons, this writ petition is

allowed and the impugned Letter No.e-29/Pol.2/2024-7, dated

06.01.2024 issued by the respondent is set aside. However, the

respondent is at liberty to reissue the charge memo for the same

reasons, depending upon the result of the Criminal Appeal or

Criminal Revision Petition filed by the petitioner. No costs.

Consequently, connected miscellaneous petition is closed.

16.04.2024

Index : Yes / No Internet : Yes / No NCC : Yes / No

RM

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

To

The Principal Secretary to Government, Government of Tamil Nadu Home (Pol.2) Department, Secretariat, Chennai – 9.

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

R.N.MANJULA, J.

RM

Order made in

Dated:

16.04.2024

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