R.Vasanth v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.02.2025
CORAM:
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN W.P.No.6454 of 2025 and W.M.P. Nos.7091 and 7092 of 2025 R. Vasanth ... Petitioner vs
1. The The Director General of Police Dr. Radhakrishnan Salai, Mylapore, Chennai 600 004.
2. The Additional Director General of Police (administration) Dr. Radhakrishna Salai, Mylapore, Chennai 600 004.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus or any other appropriate writ, order or direction in the nature of a writ calling for the records relating to the impugned order in RC No.089907/Rec.II(1)/20182 dated 16.01.2025 passed by the 1st respondent herein and quash the same and consequently direct the 1st and 2nd respondents to revert back from Sl.No.323(a) and place petitioner in original seniority in Sl.No.124 in state seniority of 2008 Direct Recruitment Sub Inspector Batch. 1/6
For Petitioner : Mr. V. Janarthanan For Respondents : Ms. A. Bakkialakshmi, Government Advocate
ORDER
This Writ Petition has been filed in the nature of a certiorarified Mandamus seeking records relating to an order dated 16.01.2025 passed by the first respondent and to quash the same and direct the respondents to revert the petitioner from Sl.No.323(a) in the position of seniority and place him in original seniority in Sl.No.124 in State seniority of 2008 Direct Recruitment Sub Inspector Batch.
2. It is contended that the petitioner had been selected as Sub Inspector to discharge the duty of Sub Inspector on 18.01.2008 after due process. It had been further contended that one of the requirements is that the petitioner should undergo training on Police Training College. If the training is not satisfactory, then there could also be a direction to rewrite the examination through a separate examination. He then went on leave owing to the fact that his wife committed suicide for personal reasons. All the facts were examined by the respondents and they had issued a show cause notice to the petitioner. The petitioner had also replied and 2/6
the impugned order came to be passed by placing the petitioner down grading him from seniority list No. 124 to 323(A).
3. The learned counsel for the petitioner stated that the issue raised had been answered by a Division Bench of this Court in the case of M.P.Saraswathy and others vs. R. Paranthaman and others reported in Bench had examined a very similar issue about the training and not qualifying during the course of training. The respondent did not appear to have examined this particular judgment of the Division Bench of this Court. In view of that particular fact, without entering into a discussion on the merits of the orders passed and retaining that liberty to the respondents to pass appropriate orders, the impugned order is set aside and the matter is remitted back to the first respondent to consider the case afresh and also examine the judgment referred supra namely, Neutral Citation (2024) ILLJ 37 Mad (M.P. Saraswathy and others vs. R. Paranthaman and others). The first respondent may examine and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.
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4. With the above directions, this writ petition stands disposed of. No costs.
W.M.P. No. 7091 /2025 which was filed to dispense with the production of the original impugned order stands allowed. Consequently connected miscellaneous petition is closed. 25.02.2025 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga 4/6
To
1. The The Director General of Police Dr. Radhakrishnan Salai, Mylapore, Chennai 600 004.
2. The Additional Director General of Police (administration) Dr. Radhakrishna Salai, Mylapore, Chennai 600 004.
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C.V. KARTHIKEYAN, J.
bga W.P.No.6454 of 2025 and W.M.P. Nos.7091 and 7092 of 2025 25.02.2025 6/6