K.Anbu v. The Deputy Commandant

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.29457 of 2024 and W.M.P.No.32104 of 2024 Anbu ... Petitioner Vs.

The Deputy Commandant, Central Industry Security Force Unit, Bhavani (DAE) Kalpakkam, Chengalpattu District - 603 127.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the respondent, in his order No.V-155014/CISF /BHAVINI (K) / K. ANBU / DISC/ 2024 - 3166 dated 20.09.2024 against the Charge Memorandum No. V - 15014/ DAE (K) / DISC / MAJ -01 / K.ANBU / 2024 -797 dated 19.04.2024 by the respondent and quash the same and direct the respondent to keep abeyance the Enquiry proceedings till call for the Mr.Vignesh, S/o Mr. Arumugam and his elder brother Mr.A.Arivind Samy, S/o.Mr.Arumugam as necessary witnesses.

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For Petitioner : Mr.R.Thiyagarajan For Respondents : Mr.R.Rajesh Vivekanathan Deputy Solicitor General

O R D E R

This writ petition has been filed challenging the impugned proceedings dated 19.04.2024 and for a direction to the respondent to keep in abeyance the enquiry proceedings till one Mr.Vignesh and his elder brother Arivind Samy are called as witnesses in the enquiry.

2.Heard Mr.R.Thiyagarajan, learned counsel appearing on behalf of the petitioner and Mr.R.Rajesh Vivekanathan, learned Deputy Solicitor General appearing on behalf of the respondent.

3.In the considered view of this Court, while this Court exercises its jurisdiction under Article 226 of the Constitution of India, this Court cannot sit and micromanage an enquiry. The enquiry must proceed and if the petitioner has any objections in the manner in which the enquiry is conducted, the petitioner must 2/4

record the objections and ultimately, if the same is not considered and an adverse order is passed, the petitioner can always question the same at the appropriate time. It is not proper for this Court to poke its nose at every stage of the enquiry and interfere with the same.

4.In view of the above, this Court is not inclined to interfere with the proceedings of the respondent and accordingly, this writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed. 01.10.2024 Internet : Yes / No Index : Yes / No Speaking Order / Non Speaking Order ssr To The Deputy Commandant, Central Industry Security Force Unit, Bhavani (DAE) Kalpakkam, Chengalpattu District - 603 127.

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N. ANAND VENKATESH, J.

ssr W.P.No.29457 of 2024 and W.M.P.No.32104 of 2024 01.10.2024 4/4