R.Sumithra v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.27700 of 2018 Mrs.R.Sumithra

...Petitioner

Vs.

The Director General of Police, Director General of Police Office, Kamarajar Salai, Chennai-600 004.

...Respondent

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to consider petitioner's representation dated 26.07.2018 and to direct the respondent to take action against Mrs.Gracy Selvarani (Women Head Constable, CCB city police), Mr. Manohar, (Head Constable, Armed Forces), Mr.Balamurugan (Grade I PC Armed Force) under disciplinary act of the Police Rules.

For Petitioner :

Mr.M.Madhu Prakash For Respondent :

Mr.M.R.Gokulakrishnan Addl. Govt. Pleader

O R D E R

This Writ Petition has been filed seeking a direction directing the respondent to take action against one Gracy Selvarani (Women Hed Constable CCB City Police) and Mr.Manohar, (Head Constable, Armed Forces) and Mr.Balamurugan, (Grade I PC Armed Force) under Police Rules.

2.The grievance of the petitioner is that, there is a quarrel between the petitioner and the above said three persons and a criminal case was also registered against them. Thereafter, no departmental proceedings has been taken against those persons. Hence, the present Writ Petition has been seeking the above said prayer.

3. Earlier, when the matter taken up for hearing, learned https://hcservices.ecourts.gov.in/hcservices/

Addl. Government Pleader appearing for respondent would submit that, the respondent has initiated disciplinary proceedings against one Mrs.Gracy Selvarani under Rule 3(b) Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules and the enquiry is pending.

4.Mr.M.Madhu Prakash, learned counsel appearing for petitioner would submit that the departmental proceedings has been initiated against one person viz., Gracy Selvarani and no action was taken against other persons.

5.Heard and considered rival submissions of learned counsel appearing for both sides and perused the records carefully. 6.This Writ Petition has been filed seeking a direction directing the respondent to take action against three persons viz., Mrs.Gracy Selvarani, Mr.Manohar and Mr.Balamurugan, but they were not made as party respondents in this Writ Petition. Without impleading them as party respondents, the petitioner cannot seek any relief against them. Even though several opportunities were given to her, she has not come forward to implead them as party respondents. Hence, on the ground of nonjoinder of necessary parties, this Writ Petition is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar rpp To The Director General of Police, Director General of Police Office, Kamarajar Salai, Chennai-600 004.

+2cc to Mr.M.Madhuprakash, Advocate, S.R.No.24325 +1cc to the Government Pleader, S.R.No.24299 W.P.No.27700 of 2018 PM(CO) RGA(20/05/2022)(23/05/2022) https://hcservices.ecourts.gov.in/hcservices/