P.Thangaraju, Special Sub v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.12.2016 Coram The Honourable Mr. JUSTICE M.SATHYANARAYANAN Writ Petition No.43694 of 2016 and W.M.P.Nos.37499 and 37500 of 2016 P.Thangaraju ... Petitioner -Vs1. The Superintendent of Police, Dharmapuri District, District Police Office, Dharmapuri.

2. The Assistant Superintendent of Police, Dharmapuri Sub-Division, Dhrmapuri District.

... Respondents Writ Petition has been 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 order of the first respondent made in D.O.550/20-14 C.No.E3/14728/2014 dated 29.05.2014 and quash the same as illegal and direct the respondents to allow the petitioner for retirement and release the retirement benefits to the petitioner to secure the ends of justice.

For Petitioner : Mr.K.Nagarajan For Respondents : Mr.K.Dhananjayan, Spl.G.P.

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner, while working as Special Sub Inspector of Police Pommidi Police Station, Dharmapuri district, was placed under suspension on 17.05.2013 by the first respondent on the

ground that he was involved in the commission of the case in Crime No.13 of 2013 registered by the All Women Police Station, Harur for the offence under sections 498(A) and 506(i) IPC. The petitioner is to retire on superannuation on 31.05.2014 and on 29.05.2014, the first respondent has passed an order, not permitting the petitioner to retire for the reason that he has been cited as an accused in the above cited case.

3. The case in Crime No.13 of 2013 registered by the All Women Police Station, Harur, after investigation, has culminated into a charge sheet in C.C.No.138 of 2013 and after fullfledged trial by the District Munsif cum judicial Magistrate, Pappireddipatti, the petitioner was acquitted from the charges by order dated 28.10.2015. The petitioner, after the order of acquittal passed by the trial Court, submitted a representation dated 12.05.2015 to the 1st respondent, praying for necessary orders, permitting him to retire from service and also for settlement of the terminal and other consequential benefits. Learned counsel for the petitioner would submit that the reason for passing the impugned order by the first respondent is due to the pendency of the criminal case and the said case, after fullfledged trial, ended in acquittal and as such, there cannot be any impediment to review the order of suspension and permit the petitioner to retire from service and settle all the terminal benefits. Therefore, he prays for quashment of the impugned order.

4. This Court, heard the submission of Mr.K.Dhananjayan, learned Special Government pleader who accepts notice on behalf of the respondents.

5. The reason for placing the petitioner under suspension and not permitting him to retire on superannuation was due to the criminal case in Crime No.13/2013 registered by the All Women Police station, Harur. However, the fact remains that the said case, after investigation, has culminated in a charge sheet which was taken on file by the Court of District Munsif cum Judicial Magistrate, Pappireddipatti, in C.C.No.138 of 2013 and the said case, after full-fledged trial, ended in acquittal. The petitioner, in the form of representation dated 12.05.2015, has also brought to the knowledge of the first respondent about the said fact.

6. This Court, taking into consideration the above facts and circumstances, permits the petitioner to submit one more representation to the first respondent along with a copy of this order as well as the copy of the earlier representation dated 12.05.2015 within a period of two weeks from the date of receipt of a copy of this order and the first respondent, on receipt of the same, is directed to consider the said representation on

merits and in accordance with law and pass orders within a further period of six weeks thereafter and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly, No costs. consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Dharmapuri District, District Police Office, Dharmapuri.

2. The Assistant Superintendent of Police, Dharmapuri Sub-Division, Dhrmapuri District.

+1cc to Mr.K. Nagarajan, Advocate, S.R.No.74106 +1cc to the Government Pleader, S.R.No.74480 sai(CO) md(22/12/2016) Writ Petition No.43694 of 2016