T.Palanivel v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.33598 of 2018 T.Palanivel ... Petitioner Vs 1.The Commissioner of Police, Police Commissioner Office, Vepery,Chennai-600 007.

2.The Inspector of Police, Central Crime Branch, Commissioner of Police Office Campus, Vepery, Chennai- 600 007.

3. Mr.Elumalai,Head Constable, Police Training College, Ashok Nagar, Chennai.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the 1st respondent to take appropriate Departmental disciplinary actions against the 3rd respondent Mr.Elumalai, Head Constable working in the Police Training College, Ashok Nagar, on the petition of the petitioner dated 14.11.2018.

For Petitioner : M/s.S.Radhakrishnan For Respondent : Mr.A.N.Thambidurai, Special Government Pleader

O R D E R

The petitioner and the third respondent, who is working as Head Constable in the police department, entered into a Memorandum of Understanding as to the sharing of profits on selling of a land. However, the third repondent, without the knowlege of the petitioner, sold the land and cheated the petitioner without sharing the profits as per the Memorandum of Understanding. Hence, the petitioner has approached this Court seeking a direction to the first respondent to take appropriate departmental disciplinary proceedings against the third https://hcservices.ecourts.gov.in/hcservices/

respondent and in this regard he has submitted a representation dated 14.11.2018.

2. Mr.A.N.Thambidurai, Special Government Pleader takes notice on behalf of the respondents and submits that already criminal prosecution has been initiated against the third respondent and the necessity of taking disciplinary proceedings against him would be decided on the outcome of the criminal prosecution.

3. Under the circumstances, the respondents are directed to consider the representation of the petitioner dated 14.11.2018 and pass appropriate orders thereon, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kst To 1.The Commissioner of Police, Police Commissioner Office, Vepery, Chennai-600 007.

2.The Inspector of Police, Central Crime Branch, Commissioner of Police Office Campus, Vepery, Chennai- 600 007.

+1 cc to The Government Pleader, Sr.No.88349 W.P.No.33598 of 2018 KK(CO) CSL/24.01.2019 https://hcservices.ecourts.gov.in/hcservices/