Madras High CourtWA/848/2024dismissed

R.Sujendhra Gowda v. Director General Of Police

2025-02-24Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2025 CORAM :

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR R.Sujendhra Gowda ..

Appellant v.

1. Director General of Police Post Box No.601 Dr.Radhakrishnan Salai Mylapore, Chennai 600 004

2. Superintendent of Police Nilgiris District Upper Bazar Ooty 643 001

3. Commissioner of Police Coimbatore No.62, Old Post Office Road Gopalapuram Coimbatore 641 018

4. C.S.Velusamy ..

Respondents Memorandum of Grounds of Writ Appeal filed under Clause 15 of the

Letters Patent against the order dated 22.12.2023 passed in W.P.No.35736 of 2023.

For Appellant ::

Mr.SP.Chockalingam For Respondents ::

Mr.M.Alagu Goutham Government Advocate for R1 to R3 Mr.K.Magesh for R4

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM,J.) The writ petitioner is the appellant before this Court. The appellant filed a complaint before the Police Department that the fourth respondent Mr.C.S.Velusamy secured appointment in Police Department by filing fraudulent certificates. Since the complaint was not dealt with by the authorities nor disciplinary proceedings are initiated, the writ petition came to be instituted.

2. The writ Court dismissed the writ petition having found that the complaint is vexatious.

3. Admittedly, the fourth respondent was allowed to retire from

service on attaining the age of superannuation during January, 2011. Therefore, even under the Pension Rules, no action can be initiated. More so, the appellant is the brother's son of the fourth respondent and on account of family dispute, the complaint has been lodged. In any angle, departmental disciplinary action cannot be initiated now after a lapse of about 14 years from the date of retirement of the fourth respondent. Thus we do not find any infirmity in respect of the writ order rejecting the writ petition. Consequently, the writ appeal stands dismissed. No costs. Index : yes (S.M.S.,J.) (K.R.S.,J.) 24.02.2025 ss To

1. The Director General of Police Post Box No.601 Dr.Radhakrishnan Salai Mylapore, Chennai 600 004

2. The Superintendent of Police Nilgiris District Upper Bazar Ooty 643 001

3. The Commissioner of Police Coimbatore No.62, Old Post Office Road Gopalapuram Coimbatore 641 018

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

ss 24.02.2025