Marimuthu.P v. The Commandant

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)No.989 of 2023 P.Marimuthu ... Petitioner Vs.

The Commandant, VI Battalion, Tamil Nadu Special Police, Madurai.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the entire records pertaining to the impugned charge memo issued by the respondent vide j/g/vz;/62-2022 dated 25.11.2022 and quash the same. For Petitioner :

Ms.V.Moushica for Mr.R.Anand For Respondent :

Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

The impugned charge memo passed by the respondent vide proceedings in j/g/vz;/62-2022 dated 25.11.2022, is under challenge in the present Writ Petition.

2. The case of the petitioner is that while the petitioner was working as Police Constable in Tamil Nadu Special Police, he married one Divya on 11.02.2022. After marriage, the said Divya committed suicide on 26.08.2022. Hence, the said Divya's mother has lodged a complaint before the Inspector of Police, Thallakulam Police Station, Madurai City, based on which, an FIR in Crime No.599 of 2022 has been registered against the petitioner. By citing the aforesaid criminal case, the respondent has issued a charge memo and he was suspended from service. In the charge memo, it was alleged that the petitioner has illegal relationship with one Lakshmi and thereby, the petitioner's wife has committed suicide. Challenging the same, the present Writ Petition.

3. The learned counsel appearing for the petitioner would submit that this Court cannot interfere with the charge memo at the initial stage, however, the documents annexed in the charge memo have not been furnished to the petitioner enabling the petitioner to give suitable reply. Hence, this Court may issue a direction to the respondent to furnish the documents annexed in the charge memo to the petitioner within a period of two weeks enabling the petitioner to give suitable reply to the Disciplinary Authority.

4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without interfering with the charge memo impugned in the present Writ Petition, is inclined to issue a direction to the respondent to furnish the documents annexed in the charge memo to the petitioner, if not already furnished, within a period of two weeks from the

date of receipt of a copy of this order and thereafter, conclude the disciplinary proceedings as expeditiously as possible.

6. With the above direction, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 20.01.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To The Commandant, VI Battalion, Tamil Nadu Special Police, Madurai.

M.DHANDAPANI,J.

vji and W.M.P.(MD)No.989 of 2023 20.01.2023