S.Albert v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN AND WMP NOS.8423 AND 8425 OF 2025 S.Albert S/o.Samuel Sathyanathan Deputy Superintendent of Police (Under Suspension) Residence at No.19, Periyannan Nagar, Edayarpalayam, Coimbatore - 641 075.
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Petitioner VS.
1.The Additional Chief Secretary to Government Home (Police.2) Department Fort St. George, Chennai - 600 009.
2.The Principal Secretary to Government Home (Police.2) Department Fort St. George, Chennai - 600 009.
3.The Director General of Police Head of Police Force, Mylapore, Chennai - 600 004.
4.The Superintendent of Police 1/6
District Police Office Tiruchirappalli District.
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Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, to call for the entire records leading to impugned G.O.(2D) No.399 dated 28.09.2023 on the file of the 2nd respondent and that of the consequential order made in D.No.839/2023, C.No.H2/26308/2023 dated 30.09.2023 on the file of the 4th respondent and consequential order of the 1st respondent G.O.(2D) No.311 dated 14.10.2024 and quash the same and consequently direct the respondents to reinstate the petitioner into service and place the petitioner in any non-sensitive post.
For Petitioner :
Mr.N.Naganathan For Respondents :
Mr.V.Nanmaran Additional Government Pleader
O R D E R
This writ petition has been filed in the nature of a Certiorarified Mandamus, seeking records relating to G.O.(2D) No.399, Home (Police-2) Department, dated 28.09.2023 and of a consequential order dated 30.09.2023 passed by the 4th respondent and a further consequential order in G.O.(2D) No.311, Home (Police.2) Department, 2/6
dated 14.10.2024 and to quash all the aforementioned Government Orders.
2.In the affidavit filed in support of the writ petition, it has been stated that the petitioner, who was initially appointed as SubInspector of Police on 01.03.1996, was subsequently finally promoted to Deputy Superintendent of Police, District Crime Branch, Trichy District, in 2022. It is seen from the records that, based on a complaint given by a document writer operating near the Sub-Registrar's Office, Thiruverumbur, Trichy District, on 15.09.2023, the Vigilance and AntiCorruption Department laid a trap, and the petitioner was caught redhanded while demanding and accepting an illegal gratification of Rs.1,00,000/-. The petitioner was then arrested on 15.09.2023 and remanded to custody.
3.Consequently, G.O.(2D) No.399, Home (Police-2) Department, dated 28.09.2023, was issued by the 1st respondent, placing the petitioner under suspension. A consequential order was passed on 3/6
30.09.2023 by the Superintendent of Police, Trichy District (4th respondent). Thereafter, the petitioner submitted a representation seeking revocation of the suspension order. However, that representation was rejected and G.O.(2D) No.311, Home (Police-2) Department, dated 14.10.2024, was issued by the 1st respondent, confirming the suspension order and directing that the petitioner must continue to remain under suspension. Aggrieved by these orders, the present writ petition has been filed.
4.It is highly unbecoming for a police officer to demand and accept a bribe. It is even more serious that the petitioner was caught redhanded in the act. In the interest of proper administration and to facilitate an unbiased investigation into the circumstances surrounding the demand and acceptance of the bribe, the respondents have rightly placed the petitioner under suspension. The petitioner, being a high-ranking officer holding the post of Deputy Superintendent of Police in the very same District Crime Branch, Trichy, could easily influence the ongoing investigation. Under these circumstances, I am not inclined to interfere with the order of suspension, which was passed after due consideration of 4/6
the petitioner's representation.
5.The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 05.03.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK To 1.The Additional Chief Secretary to Government Home (Police.2) Department Fort St. George, Chennai - 600 009.
2.The Principal Secretary to Government Home (Police.2) Department Fort St. George, Chennai - 600 009.
3.The Director General of Police Head of Police Force, Mylapore, Chennai - 600 004.
4.The Superintendent of Police District Police Office Tiruchirappalli District.
C.V.KARTHIKEYAN, J.
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TK 05.03.2025 6/6