Madras High Court
K.Rajaram vs The Superintendent Of Police on 30 September, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.28461 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.28461 of 2024
and WMP No.31028 and 31029 of 2024
K.Rajaram ... Petitioner
Vs.
The Superintendent of Police,
Thiruvannamalai District ... Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Certiorarified Manadmus to call fo the
records of the respondents in connection with the impugned order issued
by the respondent to reinstate the petitioner into service with all
consequential and monetary benefits and grant such other further reliefs.
For Petitioner : Mr.J.Pradeep
For Respondents : Mr.K.Raja
Standing Counsel for R1 and R2
Mr.C.S.K.Sathish
Standing Counsel for R3
*****
ORDER
This writ petition has been filed challenging the
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Writ Petition No.28461 of 2024
proceedings of the respondent dated 13.01.2022, suspending the
petitioner from service and for a consequential direction to the respondent
to review the order of suspension and to reinstate the petitioner into
service.
2. Heard Mr.J.Pradeep, learned counsel for the
petitioner and Mr.K.Raja, learned Standing Counsel for respondents 1
and 2 and Mr.C.S.K.Sathish, learned Standing Counsel for 3rd
respondent.
3. The case of the petitioner is that he was working as a
Grade II Constable in the Police Department. An FIR came to be
registered in Crime No.13 of 2022 and the petitioner was arrayed as an
accused. In view of the same, the petitioner was placed under suspension
by an order dated 13.01.2022. A charge memo was also issued against the
petitioner through proceedings dated 22.04.2022. This charge memo
became a subject matter of challenge before this Court in WP No.2098 of
2023.
4. This Court disposed of WP No.2098 of 2023 by an
order dated 27.01.2023 in the following terms :-
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Writ Petition No.28461 of 2024
6.Taking into consideration the facts and circumstances of
the case and taking note of the judgments cited by the
learned counsel for the petitioner, there shall be a direction
to the 1st respondent to proceed further with the
disciplinary proceedings, but however, the final outcome
shall be kept in abeyance, till the completion of the
criminal proceedings. The final determination in the
disciplinary proceedings shall await till the final result in
the criminal proceedings and to that extent, right of the
petitioner is safeguarded.
5. The grievance of the petitioner is that his suspension
is continuing for more than 2 ½ years and the same is yet to be reviewed.
It is under these circumstances, the order of suspension has been put to
challenge in the present writ petition.
6. Taking into consideration the facts and circumstances
of the case and also of the fact that the suspension of the petitioner has
continued for more than 2 ½ years, there shall be a direction to the
respondent to consider reviewing the order of suspension passed against
the petitioner and to provide a non-sensitive post to the petitioner so that
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Writ Petition No.28461 of 2024
the petitioner earns his salary by extracting work from him.
7. In the light of the above discussion, there shall be a
direction to the petitioner to make a fresh representation to the respondent
along with a copy of this order. The respondent on receipt of the
representation shall deal with the same on its own merits and in
accordance with law and in the light of the observations made in this
order and pass orders within a period of six weeks from the date of
receipt of the representation from the petitioner.
8. This writ petition is disposed of with the above
directions. No costs. Consequently, the connected miscellaneous petitions
are closed.
30.09.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
rka
To
The Superintendent of Police,
Thiruvannamalai District
N.ANAND VENKATESH.,J
rka
https://www.mhc.tn.gov.in/judis
Writ Petition No.28461 of 2024
Writ Petition No.28461 of 2024
30.09.2024
https://www.mhc.tn.gov.in/judis
