Madras High CourtWP(MD)/10610/2020disposed of

S. Arunachalam v. The Director General Of Police

2023-01-04Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD) N0.9348 & 9349 of 2020 S.Arunachalam : Petitioner Vs.

1.The Director General of Police, O/o.The Director General of Police, Tamilnadu, Chennai - 600 004.

2.The Superintendent of Police O/o.The Superintendent of Police, Thoothukudi District, Thoothukudi.

: Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for records

and quash the departmental proceedings initiated by the 2nd respondent herein in P.R.No.03 of 2016, dated 8.1.2016 and the show cause notice issued by the 1st respondent herein in Rc.No.086886/Con.V(1)/2016 dated 20.09.2019, and consequently direct the respondents herein to disburse the petitioner Retiremental Benefits within a stipulated time For Petitioner : Mr.A.Thiruvadi Kumar For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

This writ petition has been filed to quash the departmental proceedings initiated by the 2nd respondent herein in P.R.No.03 of 2016, dated 8.1.2016 and the show cause notice issued by the 1st respondent herein in Rc.NO.086886/Con.V(1)/2016 dated 20.09.2019, and consequently direct the respondents herein to disburse the petitioner Retiremental Benefits within a stipulated time.

2. The learned counsel for the petitioner submitted that the petitioner joined service as a Office Assistant in the Police Department in the year 1983. At the edge of retirement, the first respondent had issued the present show cause notice, dated 20.09.2019 and based on which, Criminal Case was registered in Crime No.29 of 2015 for the offence under Sections 294(b), 498(A), 506(i) IPC and 4 of Dowry Prohibition Act. Challenging the said show cause notice, the present writ petition is filed.

3. However, the learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to conclude the disciplinary proceedings within a reasonable time as fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that disciplinary proceedings will be conducted and concluded, after providing opportunity to the petitioner within a period as stipulated by this Court.

5. In view of the consent view expressed by the learned counsel on either side, this Court directs the respondents to conduct and conclude the disciplinary proceedings and pass orders on merits and in accordance with law, after providing opportunity to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 04.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM

To 1.The Director General of Police, O/o.The Director General of Police, Tamilnadu, Chennai - 600 004.

2.The Superintendent of Police O/o.The Superintendent of Police, Thoothukudi District, Thoothukudi.

M.DHANDAPANI, J.

RM 04.01.2023