A. Shameer v. The Joint Commissioner Of Police, North Zone,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.47019 of 2025 A.Shameer ... Petitioner Vs

1. The Joint Commissioner of Police, North Zone, Greater Chennai City Police, Tondiarpet, Chennai - 600 021.

2. The Enquiry Officer, The Assistant Commissioner of Police, Rayapuram Range, Chennai - 13.

... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent, the Enquiry Officer, the Assistant Commissioner of Police, Royapuram Range, Chennai-13 to quash the proceedings in PR.No.69/PR N.1(1)/2025 dated 22.08.2025. 1/6

For Petitioner : Mr.C.D.Johnson For Respondents : Mr.V.Jeevagiridharan, Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the order of appointment of Enquiry Officer dated 22.08.2025.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. The petitioner was appointed as a Grade-II Police Constable in the Tamil Nadu Armed Reserve Police. While being so, an F.I.R in Crime No.279 of 2024 was registered against the petitioner for the offences punishable under Sections 8(c), R/w 22(b), 29(1) and 27(a) of NDPS Act, 1985, on 28.11.2024. The investigation has now been completed and a final report has been filed, which has been taken cognizance in C.C.No.359 of 2025 on the file of the learned Principal Sessions Judge in NDPS Court, 2/6

Chennai. At the same time, the first respondent has also initiated disciplinary proceedings against the petitioner. Subsequently, the second respondent has been appointed as the Enquiry Officer to conduct the domestic enquiry.

4. The learned counsel for the petitioner would submit that for the very same set of charges a charge memo has already been issued, and the second respondent has also been appointed as the Enquriy Officer to conduct the domestic enquiry. If the disciplinary proceedings are permitted to proceed further, it would cause prejudice to its criminal case, since the witnesses are one and the same and all the charges are also identical. Further, in the criminal case, summons have already been issued to the witnesses.

5. In view of the above, till the disposal of the criminal case, the respondents are directed to keep the disciplinary proceedings in abeyance for a period of six months from today. The learned Principal Sessions Judge in NDPS Court, Chennai, is directed to complete the trial in C.C.No.359 of 2025 within a period of six months from the date of receipt of a copy of this order. The petitioner shall co-operate with the conduct of the trial before the 3/6

Trial Court. In the event the Trial Court fails to conclude the trial within the said period of six months, it is open to the respondents to proceed with the disciplinary proceedings in accordance with law.

6. With the above directions, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 17.11.2025 Index:Yes/No kv To

1. The Joint Commissioner of Police, North Zone, Greater Chennai City Police, Tondiarpet, Chennai - 600 021.

2. The Enquiry Officer, The Assistant Commissioner of Police, Rayapuram Range, Chennai - 13.

Copy to 4/6

The Principal Sessions Judge in NDPS Court, Chennai. 5/6

G.K.ILANTHIRAIYAN, J.

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