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Madras High CourtWP/48080/2025disposed of with direction

R.Rajeshkumar v. State Of Tamil Nadu

2025-12-17Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Rajeshkumar ... Petitioner Vs.

1. The Director General of Police, Tamil Nadu Police Department, Kamarajar Salai, Kailasapuram, Mylapore, Chennai-4.

2. The Commanding Officer, Ivth Battalion, Tamil Nadu Special Police Force, Kovaipudur, Coimbatore District.

3. The Commissioner of Police, Coimbatore City, Coimbatore.

4. The Additional Chief Secretary to Government Home (Police IX) Department, Secretariat, Chennai-9.

(R4 has been suo moto impleaded by this Court on 17.12.2025 in WP.No,48080 of 2025) ....Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to calling for the records relating to the impugned order B.O.No.1149/2021, PR.No.E3/PR.No.23/2019 dated 04.08.2021 passed by the second respondent and quash the same as illegal and consequently directing the respondents to restore all monetary and service benefits to the petitioner including revision of pay, increments, seniority and consequential benefits. For Petitioners :

Mr.C.VarunGandhi For Respondent : Mr.P.Kumaresan, AAG Assisted by Mr.T.M.Rajangam, GA RR1 to 3

O R D E R

The 4th respondent is necessary party in this writ petition and hence, this Court is inclined to add the Additional Chief Secretary to Government Home (Police IX) Department, Secretariat, Chennai-9.as 4th respondent. This Writ Petition has been filed seeking to quash the impugned order dated 04.08.2021 passed by the second respondent and consequently directing the respondents to restore all monetary and service benefits to the petitioner including revision of pay, increments, seniority and consequential benefits.

2. It is the case of the petitioners that he was appointed to the Tamil

Nadu Special Police Youth Corps vide order of the 3rd respondent vide order dated 06.02.2014. In the year 2016, he was appointed as Grade II Police Constable and a disciplinary proceedings was initiated alleging that the petitioner failed to report for duty on 27.01.2019 and remained absent for 21 consecutive days without obtaining leave or prior permission. He submitted his detailed explanation. Thereafter, the second respondent imposed the punishment of postponement of increment for one year without cumulative effect vide order dated 19.08.2019. Subsequently, the petitioner was removed from service vide the order of the second respondent vide order dated 07.11.2019. Thereafter, the petitioner submitted a mercy petition on 02.11.2020 explaining his family circumstances and the reason for his absence.

The first respondent vide order dated 26.06.2021, reinstating him into service with a modified punishment of postponement of increment for two years, which shall not operate to postpone future increments. Accordingly, he was taken back to duty. Thereafter, the second respondent vide impugned order dated 04.08.2021 modifying the punishment as postponement of increment for one year without cumulative effect. Challenging the same, the present writ petition has been filed.

3. The learned Additional Advocate General appearing for the respondents submitted that as against the punishment imposed by the second respondent, the petitioner has filed a review petition before the Additional Chief Secretary, Home (Police IX) Department, Secretariat, Chennai and the same will be disposed as expeditiously as possible.

4. Heard the learned counsels appearing on either side and perused the materials available on record.

5. Recording the submission made by the learned Additional Advocate General, the writ petition is disposed of with a direction to the Additional Chief Secretary to the Government, Home (Police IX) Department, Secretariat, Chennai to dispose the review filed by the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

17.12.2025 rli

NCC: Yes / No Index : Yes / No Speaking Order : Yes / No To

1. The Director General of Police, Tamil Nadu Police Department, Kamarajar Salai, Kailasapuram, Mylapore, Chennai-4.

2. The Commanding Officer, Ivth Battalion, Tamil Nadu Special Police Force, Kovaipudur, Coimbatore District.

3. The Commissioner of Police, Coimbatore City, Coimbatore.

4. The Additional Chief Secretary to Government Home (Police IX) Department, Secretariat, Chennai-9.

M.DHANDAPANI, J.

rli 17.12.2025