B.V.Ramesh v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN B.V.Ramesh

...Petitioner

-Vs1. The Commissioner of Police, Vepry, Chennai - 600 007.

2. The Deputy Commissioner of Police, Traffic West, Greater Chennai Police Thirumangalam, Chennai - 600 010.

3 M.Rajeshkumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to dismiss the third respondent from the service as per the Police Standing Order 66(1) and (4) in view of the conviction imposed in the judgment dated 20.05.2019 made in C.C.No.319 of 2019 on the file of the learned Judicial Magistrate, Tirutani and later confirmed in the judgment dated 03.03.2020 made in C.A.No.73 of 2019 on the file of the learned First Additional District and Sessions Judge, Thiruvallur by

considering the petitioner's representation dated 07.07.2021 and 18.02.2022.

For Petitioner : Mr.N.Manokaran For Respondents For R1 & R2 : Mr.A.M.Ayyadurai Government Advocate For R3 : Mr.D.Dayalan

ORDER

The writ petition has been filed to direct the respondents 1 and 2 to dismiss the third respondent from the service as per the Police Standing Order 66(1) and (4) in view of the conviction imposed in the judgment dated 20.05.2019 made in C.C.No.319 of 2019 on the file of the learned Judicial Magistrate, Tirutani and later confirmed in the judgment dated 03.03.2020 made in C.A.No.73 of 2019 on the file of the learned First Additional District and Sessions Judge, Thiruvallur by considering the petitioner's representation dated 07.07.2021 and 18.02.2022.

2.

Heard the learned counsel appearing on either side and perused the material placed before this Court.

3.

This writ petition has been filed to take appropriate action as against the third respondent on the ground that the third respondent had extra marital affairs with the wife of the petitioner. In pursuant to the said complaint, the third respondent was convicted in C.C.No.319 of 2009 on the file of the learned Judicial Magistrate, Tirutani. The said conviction was also confirmed up to this Court. Simultaneously, department action was also taken as against the third respondent and he was compulsorily ordered to retire from his service. Therefore, already the department action has been taken as against the third respondent. 4.

Recording the same, the Writ Petition stands closed. There shall be no orders as to costs.

02.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The Commissioner of Police, Vepry, Chennai - 600 007.

2. The Deputy Commissioner of Police, Traffic West, Greater Chennai Police Thirumangalam, Chennai - 600 010.

02.01.2024