The Director General Of Police vs P.Lavakumar
2024 Latest Caselaw 19240 Mad

Madras High Court

The Director General Of Police vs P.Lavakumar on 3 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                                  W.A.(MD) No.1722 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED : 03.10.2024

                                                             CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                                    W.A.(MD)No.1722 of 2024
                                                              and
                                                   C.M.P.(MD) No.13242 of 2024


                 1.The Director General of Police,
                   Directorate of Police, Chennai.

                 2.The Superintendent of Police,
                   District Police Station,
                   Dindigul District.                                                   ... Appellants
                                                              -vs-


                 P.Lavakumar                                                            ... Respondent

                           Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ

                 Appeal by setting aside the order, dated 24.06.2024, passed in W.P.(MD)No.

                 13448 of 2024.

                                  For Appellants         :    Mr.S.R.A.Ramachandran
                                                              Additional Government Pleader


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                                                                                   W.A.(MD) No.1722 of 2024


                                   For Respondent      :     Mr.S.C.Herold Singh

                                                           JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

We are unable to fault the Writ Court for having allowed the Writ

Petition, quashing the order dated 29.04.2024, suspending the respondent and the

order dated 30.04.2024, not allowing him to retire.

2. The respondent, who was working as a Special Sub-Inspector of

Police was due to retire on 30.04.2024. The above two orders came to be passed

on 29.04.2024 and 30.04.2024, respectively, on the ground that there was a

criminal case registered against him in the year 2012 in Crime No.123 of 2012

and a criminal case in P.R.C.No.52 of 2020 emanating out of the F.I.R. registered

in 2012 is pending on the file of the learned Judicial Magistrate, Dindigul, and

another case was registered in Crime No.271 of 2023 in the year 2023. From the

dates itself, it could be seen that the order is in complete violation of G.O.Ms.No.

144, Personnel and Administrative Reforms (N) Department, dated 08.06.2007.

While making it clear that the last minute suspension should be avoided, the said

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Government Order provides for certain exceptions and this case does not fall

within any of the exceptions enumerated in Clause 5 of the said Government

Order.

3. Mr.S.R.A.Ramachandran, learned Additional Government Pleader

would also fairly state that the F.I.R. registered in Crime No.271 of 2023 has been

closed as mistake of fact. Hence, we do not see any reason to interfere with the

order of the learned Single Judge. The Writ Appeal fails and it is accordingly,

dismissed. The retirement benefits due to the respondent shall be paid within a

period of 12 weeks from the date of receipt of a copy of this judgment. No costs.

Consequently, connected Miscellaneous Petition is closed.

                 NCC              : No                   [R.S.M., J.]      [L.V.G., J.]
                 Index            : No                           03.10.2024
                 smn2




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                                        R.SUBRAMANIAN, J.
                                                    and
                                     L.VICTORIA GOWRI, J.

                                                            smn2





                                                          and





                                                     03.10.2024



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