S.Arumai Nayagam vs The Director General Of Police
2024 Latest Caselaw 8488 Mad

Madras High Court

S.Arumai Nayagam vs The Director General Of Police on 4 June, 2024

                                                                         WP(MD) No.20635 of 2023

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 04.06.2024

                                                      CORAM:

                                  THE HONOURABLE MS.JUSTICE R.N.MANJULA

                                            W.P.(MD) No.20635 of 2023

                      S.Arumai Nayagam                                        .. Petitioner

                                                          Vs.

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

                      2.The Superintendent of Police,
                      Tamilnadu Police Academy,
                      Oonamancheri,
                      Vandalur,
                      Chennai- 600 017.                                       .. Respondents

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

                      praying this Court to issue a Writ of Mandamus, directing the 1st

                      respondent to set aside the punishment of removal from service, in the

                      light of the judgement dated 28.04.2023 passed in S.C.No.95 of 20127

                      and S.C.No.96 of 2017, on the file of the II-Additional District and

                      Sessions Judge (PCR), Tirunelveli and to reinstate the petitioner by



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                                                                         WP(MD) No.20635 of 2023

                      considering his representation dated 06.06.2023.

                                  For Petitioner     : Mrs.P.Jessi Jeeva Priya

                                  For Respondents    : Mr.M.Lingadurai
                                                      Special Government Pleader




                                                    ORDER

The present writ petition has been filed seeking direction to

the first respondent to set aside the punishment of removal from service

in the light of the judgement dated 28.04.2023 passed in S.C.No.95 of

20127 and S.C.No.96 of 2017, on the file of the II-Additional District

and Sessions Judge (PCR), Tirunelveli and to reinstate the petitioner by

considering his representation dated 06.06.2023.

2. Heard Mrs.P.Jessi Jeeva Priya, learned counsel for the

petitioner and Mr.M.Lingadurai, learned Special Government Pleader

for the respondents.

3. The petitioner, who has been facing criminal case along

with the departmental proceedings, was given with the punishment of

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

removal of service in the Departmental Proceedings. Subsequently, the

criminal proceedings had ended in acquittal.

4. It is claimed by the learned counsel for the petitioner that

the petitioner is facing disciplinary action on the same set of allegations

which has been made in the criminal case also. So it is submitted that in

view of the judgment of acquittal passed in the criminal case, the

petitioner had given a representation to the first respondent to set aside

the punishment of removal and to reinstate him into service. However,

the said representation has not been considered so far. Hence, this writ

petition.

5. In view of the change of circumstances, the first

respondent is directed to consider the representation of the petitioner

dated 06.06.2023 and pass orders on its own merits and in accordance

with law within a period of four weeks from the date of receipt of a

copy of this order.

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6. With the above direction, this Writ Petition stands

disposed of. No costs.

                                                                       04.06.2024

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

                      To

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

2.The Superintendent of Police, Tamilnadu Police Academy, Oonamancheri, Vandalur, Chennai- 600 017.

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

R.N.MANJULA, J.

PJL

Order made in

04.06.2024

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