T.Rajasingh v. The Joint Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition No.26691 of 2015 and M.P.No.1 of 2015 T.Rajasingh

...Petitioner

Vs.

1. The Joint Commissioner of Police, Traffic (North Zone), Vepery, Chennai - 600 007

2. The Deputy Commissioner of Police, Traffic (North Zone), Rajaji Salai, Harbour, Chennai - 600 001

3. The Assistant Commissioner of Police, Traffic, Flower Bazar Range, Waltax Road, Chennai - 600 079

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the first respondent in Rc.No.1614/34068/Tr.PR/2014 T.Z.O.997/2014, dated 16.12.2014, to quash the same and to consequently, direct the respondents to reinstate the petitioner into service with all consequential and other attendant benefits.

For Petitioner : Mr. G.Sankaran For Respondents : Mr. R.Vijayakumar, AGP.,

O R D E R

Heard the learned counsel for both sides.

2. Challenging the impugned order, by which the petitioner was placed under suspension, for involving hand handed and mishandling of police powers, along with the reprehensional behaviour tarnishing the image of the police force, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that the petitioner was not present in the scene of occurrence and he was posted at a different place; though the order of suspension was passed as early as on 16.12.2014, there is no progress in the case.

4. The learned Additional Government Pleader, on instructions, would submit that an oral enquiry has been conducted and the enquiry will be concluded at an early date.

5. As, admittedly, the respondent, who has passed the impugned order of suspension, has got jurisdiction and the impugned order of suspension was made on the strength of the statutory rules, this Court is not inclined to quash the proceedings.

6. However, considering the submissions made by the learned Additional Government Pleader and taking note of the prolonged suspension from 16.12.2014, a direction is hereby issued to the respondents to conclude the enquiry pending against the petitioner and pass appropriate final orders, within a period of three months from the date of receipt of a copy of this order. In the meanwhile, it is open to the respondents to review the order of suspension, if they so desires. No costs. Consequently, the connected MP is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar srk To

1. The Joint Commissioner of Police, Traffic (North Zone), Vepery, Chennai - 600 007

2. The Deputy Commissioner of Police, Traffic (North Zone), Rajaji Salai, Harbour, Chennai - 600 001

3. The Assistant Commissioner of Police, Traffic, Flower Bazar Range, Waltax Road, Chennai - 600 079 1 CC to the Government Pleader, SR.No. 45829 W.P.No.26691 of 2015 & M.P.No.1 of 2015 VSN (CO) PSI (14.09.2015)