B.V.Ramesh vs The Commissioner Of Police
2024 Latest Caselaw 78 Mad

Madras High Court

B.V.Ramesh vs The Commissioner Of Police on 2 January, 2024

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                              W.P.No.12832 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 02.01.2024

                                                      CORAM:

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                              W.P.No.12832 of 2022

                     B.V.Ramesh                                               ...Petitioner

                                                       -Vs-

                     1. The Commissioner of Police,
                        Vepry,
                        Chennai – 600 007.

                     2. The Deputy Commissioner of Police,
                        Traffic West,
                        Greater Chennai Police
                        Thirumangalam,
                        Chennai – 600 010.

                     3 M.Rajeshkumar                                          ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, directing the respondents 1 and 2
                     to dismiss the third respondent from the service as per the Police
                     Standing Order 66(1) and (4) in view of the conviction imposed in the
                     judgment dated 20.05.2019 made in C.C.No.319 of 2019 on the file of
                     the learned Judicial Magistrate, Tirutani and later confirmed in the
                     judgment dated 03.03.2020 made in C.A.No.73 of 2019 on the file of the
                     learned First Additional District and Sessions Judge, Thiruvallur by

https://www.mhc.tn.gov.in/judis
                     Page 1 of 4
                                                                                  W.P.No.12832 of 2022

                     considering the petitioner's representation dated 07.07.2021 and
                     18.02.2022.


                                       For Petitioner    : Mr.N.Manokaran

                                       For Respondents
                                        For R1 & R2    : Mr.A.M.Ayyadurai
                                                         Government Advocate
                                             For R3    : Mr.D.Dayalan

                                                          ORDER

The writ petition has been filed to direct the respondents 1

and 2 to dismiss the third respondent from the service as per the Police

Standing Order 66(1) and (4) in view of the conviction imposed in the

judgment dated 20.05.2019 made in C.C.No.319 of 2019 on the file of

the learned Judicial Magistrate, Tirutani and later confirmed in the

judgment dated 03.03.2020 made in C.A.No.73 of 2019 on the file of the

learned First Additional District and Sessions Judge, Thiruvallur by

considering the petitioner's representation dated 07.07.2021 and

18.02.2022.

2. Heard the learned counsel appearing on either side and

perused the material placed before this Court.

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

3. This writ petition has been filed to take appropriate action as

against the third respondent on the ground that the third respondent had

extra marital affairs with the wife of the petitioner. In pursuant to the said

complaint, the third respondent was convicted in C.C.No.319 of 2009 on

the file of the learned Judicial Magistrate, Tirutani. The said conviction

was also confirmed up to this Court. Simultaneously, department action

was also taken as against the third respondent and he was compulsorily

ordered to retire from his service. Therefore, already the department

action has been taken as against the third respondent.

4. Recording the same, the Writ Petition stands closed. There

shall be no orders as to costs.

02.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order

rts

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

G.K.ILANTHIRAIYAN. J,

rts

To

1. The Commissioner of Police, Vepry, Chennai – 600 007.

2. The Deputy Commissioner of Police, Traffic West, Greater Chennai Police Thirumangalam, Chennai – 600 010.

02.01.2024

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