Madras High Court
R.Ramasamy vs The Special Director General Of Police on 16 April, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P.NO.10412 OF 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.NO.10412 OF 2024
R.Ramasamy ... Petitioner
VS.
1.The Special Director General of Police
Enforcement
O/o. The Additional Director General
of Police, Crime
Chennai – 600 008.
2.The Inspector of Police
(V and AC) Coimbatore.
(R2 – suo motu impleaded as per order
dated 17.04.2024 in W.P.No.10412/2024) ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India praying for a Writ of Certiorarified Mandamus, to call for the
records relating to the order dated 03.01.2021 in Rc.No.A3/0001/Crime/
2021-2 C.O.No.002/2021 and quash the same and consequently direct
the respondent to reinstate the petitioner in service with all other
benefits.
For Petitioner : Mr.N.Ponraj
For Respondents : Mr.M.Shajahan
Special Government Pleader
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W.P.NO.10412 OF 2024
ORDER
This writ petition has been filed in the nature of a
Certiorarified Mandamus, seeking records relating to the order dated
03.01.2021 passed by the first respondent and quash the same. The
petitioner seeks reinstatement in service together with all other benefits.
2.In the affidavit filed in support of the writ petition, it had
been contended that the petitioner was working as a Head Constable in
the Tamil Nadu Police. The petitioner, along with the Inspector of Police,
was implicated in Crime No.15/2020/AC/CB dated 31.12.2020,
registered by the NIB-CID, Coimbatore Unit. It is alleged that the
Inspector of Police and the petitioner demanded a sum of Rs.1,00,000/-
from the defacto complainant, pursuant to which a trap was laid. The trap
was successful, resulting in the registration of an FIR in Crime
No.15/2020/AC/CB for the offence punishable under Section 7(a) of the
Prevention of Corruption Act. The petitioner was placed under
suspension, challenging which the present writ petition has been filed.
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W.P.NO.10412 OF 2024
3.The petitioner has filed the present writ petition not merely
on the ground of seeking revocation of the suspension order, but
primarily because the co-accused, namely, the Inspector of Police, had
earlier filed a writ petition in W.P. No. 11642 of 2021. A learned Single
Judge of this Court, by order dated 10.10.2023, taking into consideration
the prolonged period of suspension and relying on the dictum laid down
by the Hon’ble Supreme Court in Ajay Kumar Choudhary Vs. Union of
India, through its Secretary and another, Civil Appeal No.1912 of 2015
dated 16.02.2015, held that the petitioner therein (Inspector of Police)
could be posted to a non-sensitive post, and accordingly revoked the
order of suspension. It is this development that has necessitated the filing
of the present writ petition by the petitioner.
4.The learned counsel for the petitioner submitted that a
charge sheet has been filed in Special C.C.No.6 of 2024 on 22.05.2024
before the Special Court for Vigilance and Anti-Corruption, Coimbatore.
5.The learned Special Government Pleader submitted that
the petitioner was involved in a serious case of demand for bribe, along
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W.P.NO.10412 OF 2024
with the co-accused. It was further stated that following investigation, a
final report has been filed and cognizance has been taken by the
jurisdictional Court. However, it was also pointed out that unfortunately,
there has been no progress in the trial.
6.In the judgment referred to by the learned Single Judge in
Ajay Kumar Choudhary vs. Union of India (supra), the Hon’ble
Supreme Court laid down certain guidelines for examining cases
involving prolonged suspension of public servants. Although the Court
placed a caveat that such guidelines may not be directly applicable in
cases involving allegations of corruption, it nevertheless emphasized the
obligation of the competent authority to review the suspension
periodically, at least once in three months. The Court also observed that
continued payment of subsistence allowance without extracting any work
would burden the public treasury. Therefore, a decision may be taken to
post the public servant in a non-sensitive position. Further, no post is
inherently non-sensitive ; every public post carries its own
responsibilities and should be approached with due seriousness.
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W.P.NO.10412 OF 2024
7.The only compelling factor in this case is the long period
of suspension endured by the petitioner since 2020. In light of this
particular time factor, the petitioner should not be treated differently
from the Inspector of Police, who had earlier filed a writ petition as
referred to above. I would therefore direct revocation of the order of
suspension but direct that the petitioner, who was previously posted at
Coimbatore, be posted to a district that is at least three districts away
from Coimbatore.
8.The respondents may proceed with the criminal trial and
any disciplinary proceedings, if they are of the opinion that the same
should be initiated against the petitioner herein. Necessary orders in this
regard should be passed within a period of six weeks from the date of
receipt of a copy of this order.
9.The writ petition stands disposed of. No costs.
16.04.2025
Index : Yes / No
Neutral Citation : Yes / No
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W.P.NO.10412 OF 2024
Speaking Order : Yes / No
TK
C.V.KARTHIKEYAN, J.
TK
To
1.The Special Director General of Police
Enforcement
O/o. The Additional Director General
of Police, Crime
Chennai – 600 008.
2.The Inspector of Police
(V and AC)
Coimbatore.
W.P.NO.10412 OF 2024
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W.P.NO.10412 OF 2024
16.04.2025
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