R.Bethu v. The Joint Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.27529 of 2024 R.Bethu S/o.Ramraj ... Petitioner Vs.
1.The Joint Commissioner of Police, Head Quarters, Greater Chennai Police, Commissioner Office, Vepery, Chennai - 600 007.
2.The Additional Deputy Commissioner of Police, Cyber Crime Wing (CCB), Commissioner Office, Vepery, Chennai - 600 007.
3.Kaveri Selvi W/o.R.Bethu ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to conduct the enquiry within a time frame, after furnishing all the documents sought by the petitioner in the letter dated 06.08.2024 pertaining to first respondent's proceedings in PR.No.193/PR IV (1) 2023 dated 05.01.2024 and thereby releasing the increment which has been withhold by first respondent since January 2024. 1/4
For Petitioner : Mrs.R.Aparna For Respondents : Mr.P.Balathandayutham, Special Government Pleader [R1 & R2] *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to furnish the documents sought for by the petitioner and to conduct enquiry and complete the same within the time frame fixed by this Court.
2. Heard Mrs.R.Aparna, learned counsel for petitioner and Mr.P.Balathandayutham, learned Special Government Pleader appearing for respondents 1 and 2.
3. The petitioner, who is working as a Sub-Inspector of Police, is facing disciplinary proceedings before the second respondent based on the complaint given by third respondent. The grievance of the petitioner is that the petitioner has not been furnished with the relevant documents in spite of repeated requests being made and therefore, the petitioner is not able to defend himself effectively. It is under these circumstances, the petitioner has approached this Court seeking for a direction to the 2/4
respondents and for fixing a time frame for completion of proceedings.
4. Learned Special Government Pleader appearing on behalf of respondents 1 and 2, based on written instructions, submitted that the petitioner has been repeatedly called for receiving the copy of the documents and the petitioner has failed to respond to those communications. The petitioner is only attempting to drag on the proceedings without co-operating for the early completion of disciplinary proceedings.
5. Considering the submissions made on either side, there shall be a direction to the petitioner to appear before the second respondent on 10.09.2024. On the date of his appearance, the petitioner will be furnished with the copy of documents. Thereafter, a date shall be fixed for enquiry and the disciplinary proceedings shall be completed within a period of twelve (12) weeks thereafter.
6. The petitioner has also made a separate representation to respondents 1 and 2 for releasing the increments that has been withheld N.ANAND VENKATESH, J 3/4
gm since January 2024. This request made by the petitioner for releasing the increment shall be dealt with by the second respondent separately and a decision shall be taken within a period of four (4) weeks from the date of receipt of a copy of this order.
This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 03.09.2024 Note : Issue order copy by 07.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Joint Commissioner of Police, Head Quarters, Greater Chennai Police, Commissioner Office, Vepery, Chennai - 600 007.
2.The Additional Deputy Commissioner of Police, Cyber Crime Wing (CCB), Commissioner Office, Vepery, Chennai - 600 007.
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