C.Malathi v. The Deputy Inspector General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2045 of 2025 C.Malathi ... Petitioner Vs The Deputy Inspector General of Police Trichy Range Tiruchirapalli

...Respondent

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records on the file of the respondent in C.No.B1/8842/2022 dated 25.07.2024 and to quash the same as illegal and arbitrary and consequentially to direct the respondent to reinstate the petitioner into service.

For Petitioner : Mr.S.Venkatesh For Respondent : Mr.D.Sasikumar Government Pleader

ORDER

The instant writ petition has been filed by the Inspector of Police (under suspension), challenging the order passed by the respondent herein, wherein, request of the petitioner for revocation of order of suspension has been rejected. 1/6

2. A perusal of the records reveal that the petitioner was implicated in a Vigilance and Anti-Corruption case in Crime No.14 of 2022 under section 7(a)of Prevention of Corruption Act, 1988. Pursuant to the same, the petitioner was placed under suspension on 13.12.2022. The charge sheet has been filed before the Special Court for Prevention of Corruption Act cases, Trichy on 17.07.2023 and the same was taken on file on 19.07.2023 in Spl.C.C.No.08 of 2023. The said criminal case is posted for cross-examination of P.W.1 and 2. The petitioner has made a request on 24.11.2023, seeking to revocation of order of suspension. Since the said representation was not considered by the authorities. The petitioner filed a writ petition in W.P.(MD).No.6507 of 2024, seeking mandamus for disposal of her representation. This Court by an order dated 18.03.

2024, had directed the respondents to dispose of the representation of the petitioner within a period of ten weeks. In compliance of the orders of this Court, the present impugned order has been passed on 25.07.2024, rejecting the request of the petitioner, on the ground that the Special Court has already taken the said on file in Spl.C.No.08 of 2022.

3. The learned Counsel appearing for the writ petitioner would submit that the petitioner was under suspension for more than two years. The said Criminal case is pending for more than two years only on the delay on the part 2/6

of the Vigilance officials. Therefore, the petitioner may be reinstated in service and the order of suspension may be revoked.

4. Per contra, the learned Additional Government Pleader appearing for the respondent herein had pointed out that the charge sheet has been filed and the same has been taken on file by the Special Court, at this stage, the petitioner cannot be reinstated in service.

5. I have carefully considered the submissions made on either side and perused the materials available on record.

6. The facts captured above will clearly indicate that the petitioner has also been charge sheeted under the Prevention of Corruption Act and the trial Court has also taken the said case on file. In such circumstances, the request of the petitioner for revocation of suspension order cannot be considered. The petitioner is entitled to revive her request for revocation of suspension order based upon the orders of the criminal Court. In case, the petitioner feels that any delay in the proceedings, it is open to the petitioner to approach the appropriate Court.

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7. With the above said observations, this writ petition stands disposed of. No costs.

27.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn 4/6

To The Deputy Inspector General of Police Trichy Range Tiruchirapalli 5/6

R.VIJAYAKUMAR , J.

gvn W.P.(MD)No.2045 of 2025 27.01.2025 6/6