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Madras High CourtWA(MD)/146/2016dismissed

The Deputy Inspector General v. V.S.Ilangovan,

2016-01-21Honourable The Chief Justice,Honourable Mr Justice V. Ramasubramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2016 CORAM :

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Appeal (MD) No.146 of 2016 against WP.(MD).No.8128 of 2011 1.The Deputy Inspector General of Police, Madurai Region, Madurai.

2.The Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The Additional Deputy Superintendent of Police, (Crime), in the office of Superintendent of Police, Virudhunagar, Virudhunagar District.

... Appellants/Respondents Vs.

V.S.Ilangovan ... Respondent/Petitioner PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 21.07.2011 made in W.P.(MD).No.8128 of 2011 on the file of this Court.

Prayer in WP(MD). 8128/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a WRIT OF MANDAMUS, directing the 2nd Respondent to conclude the departmental proceedings initiated in pursuance of the Charge Memo issued by the 1st Respondent in his proceedings in Tha.Pa.No.69/2007 dated 25-05-2007.

For Appellants : Mr.N.Manoharan, Special Government Pleader.

For Respondent :Mr.C.Venkateshkumar, for M/s.Ajmal Associates

JUDGMENT

(Judgment of the Court was made by The Hon'ble The Chief Justice) For the reasons best known, the appellant authority does not want to conclude the disciplinary proceedings under the pretext that the criminal case is pending. This plea is completely contrary to what is normally pleaded by the Government authorities, when the respondent relied on the judgment of the Apex Court in Paul Antony's case. https://hcservices.ecourts.gov.in/hcservices/

2.All that the learned single Judge directed is that the enquiry should be concluded in a time bound manner and to avoid giving effect to it, the present appeal has been filed.

3.The appeal is completely meritless. Hence, it is dismissed with a cost of Rs.3,000/- (Rupees three thousand only) payable to the respondent. No costs. Consequently, C.M.P(MD)No.656 of 2016 is closed. Sd/- Assistant Registrar(Writs) /True copy/ Sub AssistantRegistrar To 1.The Deputy Inspector General of Police, Madurai Region, Madurai.

2.The Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The Additional Deputy Superintendent of Police, (Crime), in the office of Superintendent of Police, Virudhunagar, Virudhunagar District.

+1cc to M/s.Ajmal Associates Advocate SR.No.3723 +1cc to special Government Pleader SR.No.3849 sm:AAL-MPA:01.02.2016:2p/6C Writ Appeal (MD) No.146 of 2016 21.01.2016 https://hcservices.ecourts.gov.in/hcservices/