K.Vijay Grade I Pc 1143 v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.No.22505 of 2025 K.Vijay ... Petitioner Vs.

The Superintendent of Police, Tirupathur District i/c Tiruvannamalai District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the respondent herein in his proceedings D.O.No.586/2022 C.No.H1/13103/2022 dated 07.07.2022 and quash the same and consequently direct the respondent to reinstate the petitioner into service, within a time frame. For Petitioner : Mr.Mr.G.Bala for M/s.G.Bala and Daisy For Respondent : Mr.G.Nanmaran, Special Government Pleader ***** 1/5

O R D E R

The instant Writ Petition has been filed challenging the impugned order dated 07.07.2022 passed by the respondent.

2. The learned counsel for the petitioner would submit that he was suspended on 07.07.2022 based on a criminal complaint. After completion of the investigation, a charge sheet has been laid against him. However, the respondent, even after taking into consideration the change in circumstances, has not initiated any action to revoke the prolonged suspension, which is nothing but arbitrary and unjust. In this connection, the petitioner has sent a representation dated 22.08.2024.

3. Per contra, the learned Special Government Pleader appearing for the respondent would vehemently contend that against the petitioner, the criminal proceeding is still pending, and therefore, there are no grounds made out to interfere with the order of suspension. 2/5

4. I have given my anxious consideration to the submissions made on either side.

5. Though the learned Special Government Pleader appearing for the respondent objects to the contention of the learned counsel for the petitioner, it is not disputed that the petitioner's representation dated 22.08.2024 is still pending for consideration. The submission of the learned counsel for the petitioner that the suspension has been prolonged since 2022 also impels this Court to direct the respondent to consider the petitioner's representation and pass orders on its own merits and in accordance with law.

6. In view of the same, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the respondent to consider the petitioner's representation dated 22.08.2024, and pass orders on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

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7. With the above observations, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 10.06.2025 kv Index : Yes/No Speaking order /Non Speaking Order To The Superintendent of Police, Tirupathur District i/c Tiruvannamalai District.

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C.KUMARAPPAN, J.

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