Madras High CourtWP/33916/2017disposed of

S.Rajarethinam (Deceased), v. State Of Tamil Nadu

2023-09-07Honourable Mr Justice S.M. Subramaniam8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.MP.No.37619 of 2017 S. Rajarethinam(deceased)

2. K.Saroja 3.Pozhil ... Petitioners (P2 and P3 substituted as Lrs of Deceased Sole Petitioner) Vs.

1.State of Tamil Nadu rep.by the Principal Secretary to Government Home Department, Secretariat, Chennai - 600 009.

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai 600 004.

3.Mr.Arun Sakthi Kumar, Superintendent of Police Tirunelveli

4. Mr. Kumar Deputy Superintendent of Police

5. Mr. Stephen Jose Inspector of Police Panangudi Police Station 6.Mr. Vimal Kumar Sub Inspector of Police Pazhavoor Police Station Pazhavoor 7.Mr.Mohammed Samseer Sub Inspector of Police Pazhavoor Police Station Pazhavoor 8.Mr. Chella Durai Special Sub Inspector of Police(Special Wing)

9. Mr. Palani Special Sub Inspector of Police Radhapuram Police Station, Radhapuram,

10. Mr.Sagar, Special Constable 11.Mr.Jose Special Constable ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing respondents 1 and 2 to place respondents 3, 4, 6 and 7 under suspension and to initiate appropriate disciplinary action against respondents 3 to 11 in accordance with the relevant Service Rules.

For Petitioners : Mr.M.Radhakrishnan For Respondents 1 & 2 : Mr.P.Kumaresan, Additional Advocate General Assisted by, Mr. G. Krishnaraja, Additional Government Pleader For Respondents 3 & 7 to 11 : Mr. G. Saravanan For Respondent 6 : Mr. R. Narayanan

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 and 2 to place respondents 3, 4, 6 and 7 under suspension and to initiate appropriate disciplinary action against respondents 3 to 11 in accordance with the relevant Service Rules.

2. The learned Additional Advocate General appearing on behalf of the State and the learned counsel appearing on behalf of the contesting respondents made a submission that the Government issued an order in

G.O.Ms.No.553 Public Department dated 24.10.2020 for initiation of departmental disciplinary proceedings against the contesting respondents under the Discipline and Appeal rules.

3. Admittedly, three years had lapsed. Whether departmental disciplinary proceedings under the Discipline and Appeal Rules are initiated or not is to be clarified and further the charges under the relevant rules are to be framed for the purpose of conducting enquiry as contemplated under the Rules.

4. In the enquiry proceedings, the victims are also to be examined for the purpose of ascertaining the truth regarding the incidents. The enquiry of this nature is to be conducted by affording opportunity to all the parties and to unearth the truth regarding the allegations raised between the parties. However, the Government has already issued G.O.Ms.No.553 dated 24.10.2020 for initiation of disciplinary proceedings.

5. Therefore, the respondents 1 and 2 are directed to commence the departmental disciplinary proceedings by framing charges under the Rule 3(b) of the Tamil Nadu Police Subordinate Service (discipline and appeal)

Rules and proceed with the enquiry without causing undue delay and dispose of the same by following the procedures.

6. In view of the fact that the relief sought for in the present writ petition has been partly complied with by issuing G.O.Ms.No.553 dated 24.10.2020, the authorities competent are bound to implement the Government Order by initiating departmental disciplinary proceedings against the officials concerned. The respondents 1 and 2 are directed to frame charges based on the Government Order and the document available on record within a period of two (2) weeks from the date of receipt of a copy of this order. After the issuance of charge memo, the authorities may proceed to conduct enquiry by following the procedures.

7. With these direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

8. Post the matter for reporting compliance on 25.09.2023. 07.09.2023 nl Index : Yes/No Speaking order/Non speaking order

To 1.The Principal Secretary to Government Home Department, Secretariat, Chennai - 600 009.

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai 600 004.

3.Mr.Arun Sakthi Kumar, Superintendent of Police Tirunelveli

4. Mr. Kumar Deputy Superintendent of Police

8.Mr. Chella Durai Special Sub Inspector of Police(Special Wing)

9. Mr. Palani Special Sub Inspector of Police Radhapuram Police Station, Radhapuram,

10. Mr.Sagar, Special Constable 11.Mr.Jose Special Constable

S.M.SUBRAMANIAM, J.

nl and W.MP.No.37619 of 2017 07.09.2023