M.Adhi v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Adhi

...Petitioner

-Vs1.The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004 2.The Inspector General of Police, North Zone, Railway Station Road, Alandur, Chennai.

3.The Deputy Inspector General of Police, Villupuram Range, Villupuram.

4.The Superintendent of Police, Cuddalore, 5.The Additional Superintendent of Police, O/o. The Superintendent of Police, 6.The Deputy Superintendent of Police,

Virudhachalam Range, Viruthachalam, 7.Vijayakumar ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in Na.Ka.29/Ku.Kaa.Ka.Tha/Cuddalore/2022 dated 29.12.2022 passed by the 5th Respondent and quash the same and direct the Respondents 1 to 4 for taking necessary action against the 7th Respondent.

For Petitioner : M/s.D.Ashok Kumar For Respondents : Mr.U.Baranidharan 1 to 6 Additional Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the 5th respondent dated 29.12.2022 thereby rejecting the complaint lodged by the petitioner.

2. The petitioner is working as Sub-Inspector of Police at Aladi Police Station. While she was working under the 6th respondent, she has been facing gender and caste discrimination at the hands of the 6th respondent and he used to scolded the petitioner in a filthy language and double meaning words uttered

against the petitioner. Therefore, the petitioner lodged a complaint before the higher Police Authorities. However, no action has been taken and as such the petitioner was constrained to file a writ petition before this Court in W.P.No.29201/2022. This Court passed an order dated 04.11.2022 by directing the 4th respondent to pass final orders on the petitioner's complaint dated 28.09.2022 within a period of twelve weeks from the date of receipt of a copy of the order.

3. The learned counsel for the petitioner would submit that the order passed by this court in W.P.No.29207/2022 is not at all referred in the impugned order. Without giving any opportunity to the petitioner and without even recording the statement of the petitioner, the 5th respondent mechanically conducted enquiry and closed the complaint. Further, the impugned order was passed on 29.12.2022. However, it was only communicated after three months. Therefore, the 5th respondent acted in a biased manner and failed to conduct proper enquiry.

4. On perusal of the impugned order revealed that though the order passed by this Court was not referred in the impugned order, the statement of

the petitioner was recorded by the 4th respondent. In support of her complaint, 12 police personnels were enquired including the 7th respondent herein. After examining 13 witnesses including the petitioner, the 4th respondent closed the complaint on the ground that due to lack of space the chair of the petitioner was changed to another room, since it is very difficult to handle the office of the Sub Inspector of Police by two Sub Inspectors in a same room. However, all the records were perused and no allegations are proved during the said enquiry.

5. Therefore, the 5th respondent rightly closed the complaint and this court finds no infirmity or illegality in the orders passed by the 5th respondent. Hence, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this Writ Petition is dismissed. No costs. 03.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order gvn To 1.The Director General of Police, Kamarajar Salai,

Mylapore, Chennai - 600 004 2.The Inspector General of Police, North Zone, Railway Station Road, Alandur, Chennai.

3.The Deputy Inspector General of Police, Villupuram Range, Villupuram.

4.The Superintendent of Police, Cuddalore, 5.The Additional Superintendent of Police, Office of the Additional Superintendent of Police, 6.The Deputy Superintendent of Police, Virudhachalam Range, Viruthachalam, G.K.ILANTHIRAIYAN. J, gvn

03.01.2024