K.Suresh Kumar v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.5428 of 2024 K.Suresh Kumar ....
Petitioner Vs
1. The Director General of Police, No.1, Kamarajar Salai, Mylapore, Chennai - 600 004.
2. The Deputy Inspector General of Police, Villupuram Range, Villupuram.
3. The Superintendent of Police, Cuddalore District, Tamil Nadu - 607 302.
4. The Inspector of Police, NTPS, Cuddalore - 607 302.
5. M.Sivaraj ....
Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent pertaining to proceedings in PR.No.08/2011, order dated 12.07.2012 to quash the same and consequently direct the respondents 1 to 4 to confer all the attendant benefits to the petitioner.
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For Petitioner : Mr.J.Jayabharath For R1 to R4 : Mr.K.Tamilvendan Special Government Pleader
ORDER
This Writ Petition has been filed challenging the order of punishment dated 12.07.2012, thereby imposed the punishment of postponement of increment for two years which shall not operate to postpone his future increments.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 4 and perused the materials available on record.
3. The petitioner was working as Traffic Police at Cuddalore District. He was initially appointed as Group II Police Constable (Armed Force). While being so, on 28.10.2010, on a complaint lodged by the fifth respondent herein, the fourth respondent registered FIR in Crime No.603 of 2010 for the offences under Sections 294, 324, 353 and 506(ii) of IPC. After completion of investigation, the fourth respondent filed final report and the same has been taken cognizance by the Trial Court in C.C.No.477 of 2011. By a Judgment dated 13.04.2016, the Trial Court 2/5
acquitted the petitioner. Thereafter, the petitioner preferred a mercy petition before the first respondent as against the order of punishment. However, it was rejected by an order dated 16.06.2017. After a period of seven years, the petitioner challenges the original order of punishment dated 12.07.2012, without also challenging the order of rejection of his mercy petition, after the judgment of the criminal Court.
4. A perusal of the Judgment passed by the Trial Court reveals that the petitioner was acquitted only on the ground that the prosecution failed to prove its case beyond any reasonable doubt. Therefore, the benefit of doubt was given in favour of the petitioner and he was acquitted by the Trial Court. In the departmental proceedings, the petitioner was served with a charge memo ; due enquiry was conducted and it was found that the charges were proved as against the petitioner. Pursuant to the same, the petitioner was imposed with a punishment under Rule 3(b) of TNPSS (D & A) Rules 1955.
5. Therefore, this Court finds no infirmity or illegality in the punishment imposed by the third respondent. That apart, it was also confirmed by the first respondent. Further, the writ petition has been filed 3/5
after a period of seven years from the date of rejection of his mercy petition, pursuant to the order passed by the criminal Court. Thus, the writ petition is devoid of merits and it is liable to be dismissed.
6. Accordingly, this Writ Petition stands dismissed. No costs. 04.03.2024 Index:Yes/No Speaking Order: Yes Lpp To
1. The Director General of Police, No.1, Kamarajar Salai, Mylapore, Chennai - 600 004.
2. The Deputy Inspector General of Police, Villupuram Range, Villupuram.
3. The Superintendent of Police, Cuddalore District, Tamil Nadu - 607 302.
4. The Inspector of Police, NTPS, Cuddalore - 607 302.
G.K.ILANTHIRAIYAN, J.
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