P.Subramanian v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-12-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI P.Subramanian Petitioner(s) Vs
1. The Additional Chief Secretary To Government Home (Pol-IV A) Department, Chennai.
2.The Director General Of Police Chennai.
3.The Superintendent of Police Kancheepuram District.
Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, Calling for the records on the file of the 1st respondent related to the impugned Letter dated 17.05.2025 bearing Ref.No. No.e.5001/Police IVA/2024 and quash the same as illegal and consequently direct the respondents to modify the penalty of removal from service imposed on the petitioner into one of compulsory retirement with retrospective effect from 07.08.1997 and extend to the petitioner all consequential expansionary and terminal benefits. For Petitioner(s):
Mr.T. Saikrishnan For Respondent:
Mr.R.U.Dinesh Rajkumar, AGP
ORDER
The petitioner is aggrieved by the order passed by the first respondent first respondent dated 17.05.2025 rejecting his request for reconsideration of punishment of removal from service The removal from service passed against him.
2. It is the case of the petitioner that the petitioner joined the Tamil Nadu Police Department as a Grade I Police Constable in the year 1972 and he was given subsequent promotions. While he was serving at Padhirivedu Police Station, he was arrested by the Directorate of Vigilance and Anti-Corruption in Cr.No.8/1990 under Prevision of corruption Act, 1988 (hereinafter referred to as the Act) alleging corruption. The petitioner was convicted and sentenced by the trial Court for offences under Sections 13(1)(d) read with 13(2) and Section of 7 of the Act. As against the conviction and sentence passed by the trial Court, the petitioner preferred appeal before this court in Crl.Appeal No.757 of 1996 and this Court vide order dated 28.06.
2022, set aside the conviction and sentence imposed on the petitioner under Section 13(1)(d) read with 13(2) of the Act and confirmed section 7 of the Act. The petitioner has preferred an appeal before the Hon'ble Apex Court and the Apex court has confirmed the order of this Court. Thereafter, the Government passed an order removing the petitioner from service. As against the said order from service, the petitioner preferred representations before the authorities which was ultimately rejected by the first respondent vide order dated 17.05.2025.
modify the punishment of removal from service into compulsory retirement. So that he would enjoy the terminal benefits as well as pensionary benefits.
3. This Court is not inclined to accept any of the averments raised in the writ petition and the arguments advanced by the learned counsel for the petitioner.
4. The Hon'ble Supreme Court has confirmed the conviction and sentence imposed on the petitioner for the offence under Section 7 of the Act. The trial Court has sentenced the petitioner to undergo rigorous imprisonment for six months. The consequent upon the judgment of the Hon'ble Supreme Court, the Government had decided to remove the petitioner from service. This Court does not find any error or illegality in the order of the Government in removing the petitioner from service. The order passed by the first respondent is clear and the first respondent has narrated in long list of representations made by the petitioner and the rejection of the same by different authorities. This Court is not inclined to interfere with the order passed by the first respondent.
5. The writ petition fails and the same is dismissed. No costs. 08-12-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes
M.DHANDAPANI J.
rli To 1.The Additional Chief Secretary To Government Home (POL-IV A) Department, Chennai.
2.The Director General Of Police Chennai.
3.The Superintendent Of Police Kancheepuram District.
08-12-2025