D.R.Udhayakumar v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.No.20127 of 2021 and W.M.P.Nos.21399 & 21400 of 2021 D.R.Udhayakumar ... Petitioner Vs.
1.The Director General of Police, Chennai 6.
2.The Commissioner of Police, Greater Chennai Police, Vepery, Chennai 600 007.
3.The Deputy Commissioner of Police, Flower Bazaar District, Chennai 600 001.
4.The State of Tamil Nadu, Rep by its Principal Secretary to Government, Home Department, Secretariat, Chennai 9.
... Respondents (R4 impleaded as per order dated 25.03.2024 in W.M.P.No.1244 of 2024) Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the third respondent in his proceedings PR No.10/N (2) /2019 dated 06.02.2020 and the proceedings of the second respondent in RC No PR V (1)/20867/ CPO / 2020 dated 11.05.2020 and the proceedings of the first
respondent in RC No.535625/AP3(2)/ 2020 dated 27.03.2021 and quash the same and direct the respondents to reinstate the petitioner in service with all service and monetary benefits.
For Petitioner : Mr.S.Selva Thirumurugan For Respondents : Mr.R.U.Dinesh Rajkumar, AGP
O R D E R
This Writ Petition has been filed for quashment of the proceedings of the third respondent in his proceedings PR No.10/N (2) /2019 dated 06.02.2020 and the proceedings of the second respondent in RC No PR V (1)/20867/ CPO / 2020 dated 11.05.2020 and the proceedings of the first respondent in RC No.535625/AP3(2)/ 2020 dated 27.03.2021 and to direct the respondents to reinstate the petitioner with all service and monetary benefits.
2.Heard the learned counsel on either side and also perused the materials available on record.
3. The case of the petitioner herein is similar to that of the dispute which arose in the Civil Appeals in C.A.Nos.1763-1764 of 2022 (the State of
Karnataka and another Vs. Umesh). In the said Civil Appeals, the Hon'ble Supreme Court has passed the following order: "17. In the exercise of judicial review, the Court does not act as an appellate forum over the findings of the disciplinary authority. The court does not re-appreciate the evidence on the basis of which the finding of misconduct has been arrived at in the course of a disciplinary enquiry.
The Court in the exercise of judicial review must restrict its review to determine whether: (i) the rules of nature justice have been complied with; (ii) the finding of misconduct is based on some evidence; (iii) the statutory rules governing the conduct of the disciplinary enquiry have been observed; and (iv) whether the findings of the disciplinary authority suffer from perversity; and (v) the penalty is disproportionate to the proven misconduct. However, none of the above tests for attracting the interference of the High Court were attracted in the present case. The Karnataka Administrative Tribunal having exercised the power of judicial review found no reason to interfere with the award of punishment of compulsory retirement.
The Division Bench of the High Court exceeded its jurisdiction under Article 226 and trenched upon a domain which falls within the disciplinary jurisdiction of the employer. The enquiry was conducted in accordance with the principles of nature of justice.
are sustainable with reference to the evidence which was adduced during the enquiry. The acquittal of the respondent in the course of the criminal trial did not imagine upon the authority of the disciplinary authority or the finding of misconduct in the disciplinary proceeding."
4. The subject matter in issue in this Writ Petition is also similar to that of the Civil Appeals filed in C.A.Nos.1763-1764 of 2022, in which the aforesaid order has been passed.
5. In the light of the order passed by the Hon'ble Supreme Court in the Civil Appeals as stated supra, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 03.10.2024 vkr Index : Yes / No Speaking order / Non-speaking order
To 1.The Director General of Police, Chennai 6.
2.The Commissioner of Police, Greater Chennai Police, Vepery, Chennai 600 007.
3.The Deputy Commissioner of Police, Flower Bazaar District, Chennai 600 001.
4.The State of Tamil Nadu, Rep by its Principal Secretary to Government, Home Department, Secretariat, Chennai 9.
VIVEK KUMAR SINGH, J.
vkr W.P.No.20127 of 2021 and W.M.P.Nos.21399 & 21400 of 2021 03.10.2024