S.Thomsson v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No. 34 of 2019 and W.M.P.Nos. 33 & 34 of 2019 S.Thomsson .. Petitioner Vs.

1. The Commissioner of Police Greater Chennai Police Vepery, Chennai - 7.

2. The Additional Commissioner of Police CCB, I/c. Joint Commissioner of Police Central Crime Branch, Greater Chennai Police Veppery, Chennai - 7.

3. The Deputy Commissioner of Police Anna Nagar District, Greater Chennai Chennai - 600 040.

4. The Deputy Commissioner of Police Ambattur District, Avadi, Chennai - 600 054.

.. Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings RC.No.063409/PRIV(2)/2018 (PR.No.24/WZ/2016, u/r. 3(b), dated 14.09.2018 and consequential order passed by the 1st respondent in his proceedings RC.No.63409/PR/IV/(2)/2018PR.No.24/WZ/2018, u/r. 3(b), dated 28.12.2018 and quash the same.

For Petitioner : M/s.C.Prakasam For Respondents : Mr.D.Venkatachalam Additional Government Pleader

O R D E R

The order of punishment imposed on the writ petitioner in proceedings dated 14.09.2018 states the punishment of " Postponement of his next increment for a period of one year". The Commissioner of Police, by invoking the power of Suo-moto review, issued the Show Cause Notice in proceedings dated https://hcservices.ecourts.gov.in/hcservices/

28.12.2018. The present writ petition is filed challenging the original punishment as well as the Show cause notice issued by the Commissioner of Police for the purpose of reviewing the original order of punishment.

2. The learned Additional Government Pleader brought to the notice of this Court that during the pendency of the writ petition, the writ petitioner was removed from service. Since the writ petitioner had not submitted his objections/explanations, with reference to the Show Cause Notice issued, considering the seriousness of the allegations against the writ petitioner, the Commissioner of Police Suomoto reviewed the order of punishment dated 14.09.2018 and imposed the major penalty of removal from service. Thus, the cause of action for filing of the writ petition became vanished.

3. In view of the passing of the final order in the Suomoto review action, no further orders are required in the present writ petition.

4. Accordingly, the present writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Kmm To

1. The Commissioner of Police Greater Chennai Police Vepery, Chennai - 7.

2. The Additional Commissioner of Police CCB, I/c. Joint Commissioner of Police Central Crime Branch, Greater Chennai Police Veppery, Chennai - 7.

3. The Deputy Commissioner of Police Anna Nagar District, Greater Chennai Chennai - 600 040.

4. The Deputy Commissioner of Police Ambattur District, Avadi, Chennai - 600 054.

+1cc to Mr.C.Prakasam , Advocate SR.No. 22227 +1 cc to Government Pleader SR.NO. 22065 W.P.No.34 of 2019 A.SK(27/04/2019) https://hcservices.ecourts.gov.in/hcservices/