Madras High CourtWP/15227/2024disposed of

K.Ramesh v. The Director General Of Police

2024-06-13Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K. Ramesh ...

Petitioner

Versus

1. The Director General of Police Tamil Nadu State, Mylapore, Chennai 600 004.

2. The Inspector General of Police, North Zone, Chennai 600 016.

3. The Deputy Inspector General of Police, Vellore Range, Vellore 632 001.

4. The Superintendent of Police, Ranipettai District Police Office, Ranipettai.

5. The Deputy Superintendent of Police / Enquiry Officer, I.U.C.A.W., Ranipettai District, Ranipettai.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records in connection with the Charge Memo No. tha pa No.35/2022 dated 24.11.2022 u/r 3(b) passed by the Superintendent of Police Ranipet and order of punishment No.DO No.223/2023 dated 20.04.2023 & C.No.B1/PR/No.35/2022 u/r3(b) dated 20.04.2023 passed by the Superintendent of Police, Ranipet District and the other of Rejection C.No.B2/AP.08/E-4774234/2023 dated 15.06.2023 passed by Deputy Inspector General of Police, Vellore Range, Vellore and quash the same and set aside the order of punishment and to extend all service benefits. For Petitioner : Dr.R.Sampath Kumar For Respondents : Mr.Stalin Abimanyu Addl. Government Pleader for R1 to R5

ORDER

This Writ Petition is filed for issuance of a Certiorarified Mandamus calling for the records in connection with the Charge Memo No. tha pa No.35/2022 dated 24.11.2022 u/r 3(b) passed by the Superintendent of Police Ranipet and order of punishment No.DO No.223/2023 dated

20.04.2023 & C.No.B1/PR/No.35/2022 u/r3(b) dated 20.04.2023 passed by the Superintendent of Police, Ranipet District and the other of Rejection C.No.B2/AP.08/E-4774234/2023 dated 15.06.2023 passed by Deputy Inspector General of Police, Vellore Range, Vellore and quash the same and set aside the order of punishment and to extend all service benefits.

2. The learned counsel for the petitioner submitted that the petitioner is working as Head Constable in Arakkonam Taluk Police Station, Arakkonam from 08.12.2021. The Superintendent of Police issued suspension order against the petitioner for Violating Rule 24 of Tamil Nadu Police Subordinate Service Rules, 1964 on 19.09.2022 and the same was revoked on 21.11.2022. Further on 24.11.2022 a charge memo was issued by the Superintendent of Police, Ranipet for Violating Rule 24 of Tamil Nadu Police Subordinate Service Rules, 1964 and the petitioner filed a final reply and enquiry was conducted and the charges were proved. Thereafter, petitioner was imposed with punishment of stoppage of one increment without cumulative effect by an order dated 20.04.2023. As against the

same, the petitioner filed an appeal before the Deputy Inspector General of Police, Vellore Range, Vellore which was also rejected by an order dated 15.06.2023. As against the same, the petitioner has filed a review before the Director General of Police, Tamil Nadu State, Mylapore, Chennai/1st respondent on 27.06.2023 under Rule 15A of the Tamil Nadu Police Subordinate Service Rules, 1964 and the same is still pending.

3. Mr.Stalin Abimanyu, learned Additional Government Pleader takes notice on behalf of the respondents.

4. Heard both sides and perused the materials available on record.

5. In view of the above, since the review petition filed by the petitioner is pending before the 1st respondent this writ petition is disposed of on the following terms:-

1) The Director General of Police, Tamil Nadu State, Mylapore, Chennai/1st respondent is directed to dispose of the review filed by the

petitioner dated 27.06.2023 within a period of 12 weeks from the date of receipt of a copy of this order and the petitioner will be entitled to file further representation also on that ground. No costs. 10.06.2024 : yes/no dpq

D. BHARATHA CHAKRAVARTHY, J.

dpq To