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Madras High CourtWP/14576/2026allowed

G. Thulasi v. The Deputy Inspector General Of Police

2026-04-16Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA W.P. No. 14576 of 2026 and W.M.P.Nos.15815 and 15817 of 2026 G. Thulasi S/o.M.Gopal formerly Sub Inspector of Police Uthiramerur Police Station Kancheepuram District (Now Sub Inspector of Police District crime Branch Tiruvallur District) Under orders of suspension ..Petitioner(s) Vs

1. The Deputy Inspector General of police Kancheepuram Range Kancheepuram

2. The Deputy Superintendent of police Chengalpattu Sub Division Chengalpattu

3. S.Pugalendhi Ganesh Deputy Superintendent of police Chengalpattu Sub-Division Chegalpattu ..Respondent(s)

PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records of the respondents 2 and 3 in connection with the impugned order passed by him dated 23.3.2026 quash the same and direct the respondents to permit the petitioner to cross examine the witness examined in his absence in PR No.15/2024 and consequential directions to the respondents to decide the matter in accordance with law and grant such other further relief as this Court For Petitioner(s):

Mr. K.Venkataramani, Senior Counsel for Mr.M. Muthappan For Respondent(s):

Mr. R. U.Dinesh Raj Kumar Additional Government Pleader for R1 and R2

ORDER

The present Writ Petition has been filed seeking the issuance of a Writ of Certiorarified Mandamus to call for the records of the respondents 2 and 3 in connection with the impugned order passed by him dated 23.03.2026, to quash the same and consequently direct the respondents to permit the petitioner to cross examine the witnesses examined in his absence in PR No.15/2024.

2. The learned Senior Counsel appearing for the petitioner submitted that the petitioner challenges the impugned memo issued in the departmental enquiry on the ground that no reasonable opportunity was provided to defend

himself. It was further submitted that the Enquiry Officer conducted proceedings in a biased manner by examining witnesses ex parte without prior intimation to the petitioner and without permitting cross-examination. Despite the petitioner's absence on certain dates, no proper notice was served, and witnesses were examined in violation of principles of natural justice. Subsequently, the petitioner was directed to submit a written statement of defence without being given an opportunity to contest the evidence. Aggrieved by such arbitrary and discriminatory conduct of the Enquiry Officer and the denial of a fair hearing, the petitioner has approached this Court under Article 226 of the Constitution of India seeking to quash the impugned memo and to ensure a fair enquiry.

3. Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. The materials placed before this Court have also been perused.

4. The records would reveal that the petitioner has not cross-examined the witnesses, who have deposed in the case for the respondents and without affording an opportunity, the petitioner is being compelled to give his explanation to the report.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing on either side, this Court, without going into the merits or otherwise of the case, is of the view that it would suffice to issue directions permitting the petitioner to cross-examine the eleven witnesses, who have already been examined on the side of the respondents starting from 22.02.2026 onwards. The respondents are directed to furnish copies of the depositions of all eleven witnesses to the petitioner on or before 18.04.2026. The petitioner shall commence cross-examination from 20.04.2026 and complete the same on or before 04.05.2026.

6. Since this Court has permitted the petitioner to cross-examine the witnesses, the memo which has now been issued by the second respondent dated 14.04.2026 is hereby set aside. Upon completion of the evidence, the petitioner shall co-operate with the enquiry proceedings.

7. It is submitted that copies of the depositions have already been served on the petitioner. However, the respondents are directed to serve the copies to the petitioner once again, so as to ensure that the enquiry proceeds seamlessly.

8. With the above directions, this Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

9. The parties are directed not to await the issuance of a certified copy of this order, as the order has been pronounced in their presence. 16-04-2026 Asi To

1. The Deputy Inspector General of police Kancheepuram Range, Kancheepuram.

2. The Deputy Superintendent of Police Chengalpattu Sub-Division, Chengalpattu.

3. S.Pugalendhi Ganesh, Deputy Superintendent of Police, Chengalpattu Sub-Division, Chegalpattu.

P.T.ASHA, J.

Asi W.P. No. 14576 of 2026 and W.M.P.Nos.15815 and 15817 of 2026 16-04-2026