The Director General Of Police vs V.Selvam
2025 Latest Caselaw 1337 Mad

Madras High Court

The Director General Of Police vs V.Selvam on 23 July, 2025

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                           W.A.(MD)No.684 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 23.07.2025

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                               and
                              THE HONOURABLE MR.JUSTICE K.RAJASEKAR

                                           W.A.(MD)No.684 of 2024
                                                    and
                                          C.M.P.(MD)No.5051 of 2024


                     1.The Director General of Police,
                       Chennai - 4.

                     2.The Deputy Inspector General of Police,
                       Trichy Region, Trichy.

                     3.The Superintendent of Police,
                       Pudukottai District.                                           ... Appellants

                                                             Vs.

                     V.Selvam                                                         ... Respondent




                     Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow

                     the writ appeal by setting aside the order passed in W.P.(MD)No.9292 of

                     2019 dated 24.01.2023 on the file of this Court.



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                                                                                                W.A.(MD)No.684 of 2024


                                  For Appellants        : Mr.A.Kannan,
                                                             Addl. Government Pleader.

                                  For Respondent        : Mr.M.Pitchai Muthu


                                                       JUDGMENT

(By G.R.SWAMINATHAN, J.)

Heard both sides.

2.The writ petitioner joined the police department as Constable.

He was subsequently promoted. His wife gave a matrimonial complaint

against him and it was registered as Crime No.4 of 2005. Subsequently,

it was taken up for trial in C.C.No.329 of 2005 on the file of Judicial

Magistrate, Pudukottai. Even during the pendency of the criminal

prosecution, he was departmentally dealt with. He was found guilty. He

was eventually awarded with punishment of stoppage of increment for a

period of two years with cumulative effect. Challenging the said order,

the writ petitioner filed W.P.(MD)No.9292 of 2019. The learned Single

Judge vide order dated 24.01.2023 quashed the orders impugned therein

and allowed the writ petition. Aggrieved by same, this writ appeal has

been filed.

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3.There is considerable force in the stand of the learned Additional

Government Pleader that challenge was mounted by the writ petitioner

rather belatedly. Yet, we are not inclined to interfere with the order of the

learned Single Judge for the simple reason that the cause of action

underlying the departmental proceedings as well as the criminal

prosecution is one and the same. Same set of witnesses were examined

in the criminal case as well as departmental enquiry. When the Criminal

Court had acquitted the writ petitioner, we are of the view that a contra

finding rendered by the disciplinary authority cannot be allowed to stand.

4.It is in this view of the matter, we decline to interfere with the

order of the learned Single Judge and the writ appeal is dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                                  (G.R.S. J.,) & (K.R.S. J.,)
                                                                                         23.07.2025
                     NCC                : Yes/No
                     Index              : Yes / No
                     Internet           : Yes/ No
                     ias






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                     To:

                     1.The Director General of Police,
                       Chennai - 4.

2.The Deputy Inspector General of Police, Trichy Region, Trichy.

3.The Superintendent of Police, Pudukottai District.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/07/2025 10:42:38 am )

https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/07/2025 10:42:38 am )

G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias

23.07.2025

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