C.Subramanian v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA C.Subramanian, Inspector of Police, Serious Crime Squad, District Crime Branch, (In-charge) Salem District.
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Petitioner versus 1.The Additional Chief Secretary to Government of Tamil Nadu, Home (Pol IV) Department, Secretariat, Chennai - 600 009.
2.The Director General of Police, Mylapore, Chennai - 600 004.
3.The Inspector General of Police, West Zone, Race Course Road, Coimbatore.
4.The Deputy Inspector General of Police, Coimbatore Range, Race Course Road, Coimbatore.
5.The Superintendent of Police, Tiruppur District.
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6.C.Velumani, Deputy Superintendent of Police, Vazhapadi Sub Division, Salem District.
7.D.Murugesan, Inspector of Police, Madukkarai Circle, Perur Sub Division, Coimbatore District.
8.The Inspector of Police, Dharapuram Police Station, Tiruppur District.
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Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 5 to immediately initiate departmental enquiry and carryout simultaneous prosecution in accordance with Police Standing Order 81, against the 7th respondent for his gross criminal misconduct in falsely claiming money to the tune of Rs.8,000/- as expenses for the preparation of the detention order against a notorious/ grave Crime offender one Mahendran /Accused in Cr.No.350/2018 on the file of the 8th respondent Police Station in proceeding in Goondas/TPDA No.153/2018 dated 06.09.2018; and consequently direct the respondents 1 to 5, for refund of Rs.8,000/- to the petitioner who only registered and prepared the case and filed the said detention order, based on the petitioner's complaint/representation dated 21.09.2020.
For Petitioner :
Mr.M.Purushothaman For Respondent Nos.1, 5 & 8 :
Mr.S.Arumugam Government Advocate For Respondent No.6 :
Mr.K.V.Sridharan For Respondent No.7 :
Mr.K.Subbu Ranga Bharathi 2/8
O R D E R
Heard Mr.M.Purushothaman, learned counsel for the petitioner and Mr.S.Arumugam, learned Government Advocate for the respondents 1, 5 & 8, Mr.K.V.Sridharan, learned counsel for the 6th respondent and Mr.K.Subbu Ranga Bharathi, learned counsel for the 7th respondent and perused the materials available on record.
2.
The petitioner was serving as the Inspector of Police (Crime), Dharapuram Police Station, Tiruppur District. At that point of time, the 7th respondent was serving as the Inspector of Police (Law & Order) in the same Station and the 6th respondent was the then Deputy Superintendent of Police and petitioner's superior officer. After the petitioner was posted in the crime division, the 6th respondent / Velumani and the 7th respondent / Murugesan had an eye on him.
3.
In view of the family situation, the petitioner had applied medical leave for 10 days i.e. from 13.03.2018 to 22.03.2018 and the same was accepted. Subsequently, he sent a request for extension of medical leave for 22 days through the 7th respondent, who was the Station House 3/8
Officer. Without taking any action against the leave extension application and without forwarding the same to the appropriate authorities, the respondents 6 and 7 and the then Superintendent of Police, Tirupur District had proclaimed the petitioner as a 'deserter' and caused the proceedings of the 4th respondent / D.I.G. under TNPSS (D&A) Rules, 1955 (P.R.No.32/2018 u/r 3b).
4.
A departmental enquiry was conducted and the charge against the petitioner was proved and was given with the punishment of 'deferred censure for six months'. The petitioner's salary due for the months of April 2018 and May 2018 were not disbursed. Hence, the petitioner could not give proper medical treatment to his son and he passed away on 25.09.2018. Subsequently, he was transferred to Salem Range and posted as the Inspector of Police, Karipatti Police Station, Salem District. 5.
The petitioner joined duty in the Salem Range and prepared a detention order against one accused by name Mahendran in Crime No.350 of 2018 on the file of the Inspector of Police, Dharapuram Police Station in Goondas/TPDA No.153/2018 on 06.09.2018 and claimed reimbursement of 4/8
Rs.8,000/- for the expenses incurred by him. But the District Police Office at Tiruppur had informed that there is no such pending bill to be paid to the petitioner. Aggrieved over the same, the petitioner has filed this Writ Petition.
6.
Mr.S.Arumugam, learned Government Advocate for the respondents 1, 5 & 8 submitted that the enquiry has been initiated against the 7th respondent and the 7th respondent has also participated in the enquiry proceedings. It is further submitted that the petitioner did not turn up for enquiry.
7.
Whatever may be the enquiry proceedings initiated by the 5th respondent against the 7th respondent, this petitioner has got no locus standi to file this Writ Petition seeking direction against his own superior officer to initiate disciplinary action against his co-employee. If the petitioner has got any grievance that any fraudulent action has been committed by the 7th respondent, his only remedy is by way of filing a criminal case or to file a civil case for damages.
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8.
If the petitioner is still aggrieved and if he feels that he has to be properly compensated, it is up to him to file a suit for recovery of damages. If every employee starts filing such petitions by seeking direction against his employer to initiate action against the co-employee that would also amount to insubordination. For the employment contract between the 7th respondent and his employer i.e. 5th respondent, the petitioner is not a privity. Hence, he has no locus standi to file this Petition. Hence, this Writ Petition is dismissed. No costs. 05.03.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 6/8
To 1.The Additional Chief Secretary to Government of Tamil Nadu, Home (Pol IV) Department, Secretariat, Chennai - 600 009.
2.The Director General of Police, Mylapore, Chennai - 600 004.
3.The Inspector General of Police, West Zone, Race Course Road, Coimbatore.
4.The Deputy Inspector General of Police, Coimbatore Range, Race Course Road, Coimbatore.
5.The Superintendent of Police, Tiruppur District.
6.The Inspector of Police, Dharapuram Police Station, Tiruppur District.
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R.N.MANJULA , J.
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