Madras High Court
A.Ravi vs The Deputy Inspector General Of Police on 5 February, 2025
W.P.No.3832 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2025
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P.No.3832 of 2025
A.Ravi
S/o. Late Adhimoolam
D.2 Police Quarters,
Narayanan Nagar,
Uthangarai Taluk,
Krishnagiri District. ... Petitioner
Vs.
1. The Deputy Inspector General of Police,
Salem Range,
Salem.
2. The Superintendent of Police,
District Police Office,
Krishnagiri District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
for issuance of Writ of mandamus to direct the first respondent to dispose the
representation of the petitioner dated 06.01.2025 and pass further orders.
For Petitioner : Mr.K.N.Pandian
For Respondents : Mr.V.Nanmaran
Additional Govt. Pleader
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W.P.No.3832 of 2025
ORDER
Heard Mr.K.N.Pandian, the learned counsel for the Petitioner and
Mr.V.Nanmaran, the learned Additional Government Pleader for the
respondents.
2. This writ petition has been filed to direct the first respondent to
dispose the representation of the petitioner dated 06.01.2025.
3. A complaint has been filed against the petitioner under Section 7A of
the Prevention of Corruption Act vide Cr.No.7/AC/2024. Subsequently, a trap
was held on the same day and the petitioner was suspended from service
through the first respondent's proceedings dated 02.10.2024 passed in
proceedings No. RC.No.B2/127/5171/2024 R.No.231/2014, under Rule
3(e)(1)(ii) of the Tamil Nadu Police Subordinate Services (D&A) Rules. But so
far charge sheet has not been filed. The petitioner has given a representation to
the first respondent on 06.01.2025 and to the second respondent on
08.01.2025. Since his representations have not been considered so far, the
present writ petition has been filed by the petitioner.
4. Mr.K.N.Pandian, the learned counsel for the petitioner, submitted that
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as per the Government Order issued in G.O.(Ms).No.81 Human Resources
Management (N) Department dated 04.08.2022, the currency of a suspension
order should not extend beyond three months and if the charge sheet has been
served or not served on the delinquent employee, a reasoned order for
extending the suspension should be passed. In the instant case the above
proceedings have not been followed.
5. Mr.V.Nanmaran, the learned Additional Government Pleader,
submitted that the above conditions will not be applicable to those matters in
which a case has been registered under Prevention of Corruption Act and as per
Section 11(ix) of G.O.(Ms).No.81 Human Resources Management (N)
Department dated 04.08.2022.
6. In the recent judgment of the Hon'ble Supreme Court in Bhupinder
Singh Vs. Unitech Ltd., & others reported in C.A.No.10856 of 2016, it has
been observed that even in the cases where criminal cases are registered and
the employees are not subjected to criminal trial for want of completion of the
investigation and the employee is continued to be kept under suspension for
more than 6 months, as per rules he is entitled to get the subsistence allowance
at the rate of 75% of the pay. The above allowance is paid from the
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Government Exchequer without extracting any work from such individuals.
7. By deploring the delaying attitude on the part of the Government
machinery in completing the disciplinary proceedings / criminal proceedings,
the Hon'ble Supreme Court has passed the order stating that if the
reinstatement of an official is not an impediment or an obstruction in
continuing the departmental proceedings, such types of officials can be
reinstated. Even in cases of allegations of corruption, if immediate initiation of
the disciplinary proceedings or criminal proceedings are not possible, then also
the authorities can consider and pass appropriate orders for reinstating the
individuals, in any of the insensitive posts.
8. In the light of the above observations, this writ petition is allowed and
the first respondent is directed to consider the representation of the petitioner
dated 06.01.2025 and pass appropriate orders by understanding the true spirit
of the observations, within a period of two weeks from the date of receipt of a
copy of this order. No costs.
05.02.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
bkn
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To:
1. The Deputy Inspector General of Police,
Salem Range,
Salem.
2. The Superintendent of Police,
District Police Office,
Krishnagiri District.
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R.N.MANJULA, J.
bkn
05.02.2025
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