M. Sahadevan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.13305 of 2020 and W.M.P(MD) Nos.11119 and 11120 of 2020 M.Sahadevan ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, 2.The Deputy Commissioner of Police, Head Quarters, Madurai City, 3.The Assistant Commissioner of Police, Thilagar Thidal, Law and Order Range, ... Respondents PRAYER : This Writ Petition filed under Article 226 of Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned Charge Memo in Tha.Pa.No.124/2015, dated 18.11.2015 on the file of the first respondent signed by the second respondent and quash the same as illegal.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.K.P.Narayanakumar Special Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner filed the present writ petition to quash the impugned Charge Memo in Tha.Pa.No.124/2015, dated 18.11.2015, on the file of the first respondent signed by the second respondent. 3.The learned counsel for the petitioner would submit that due to the property dispute, the criminal prosecution was lodged against the petitioner, at the instance of one Paramasivam. Subsequently, the petitioner was placed under suspension vide order dated 1/3

27.02.2015. In the said criminal prosecution, he was acquitted on 11.12.2019 by the learned Judicial Magistrate No.II Usilampatti, Madurai District, in C.C.No.603 of 2014. However, the present departmental proceedings is yet to be completed. He would further submit that though the petitioner sought larger relief, he restricts the relief to the extent that an appropriate order may be issued to complete the departmental proceedings within a period of six months. The first respondent is the disciplinary authority, who required to pass an order to complete the departmental proceedings. 4.Mr.K.P.Narayanakumar, learned Special Government Pleader appearing for the respondents would submit that the departmental proceedings initiated against the petitioner herein will be completed within a period of eight months.

5.In the light of the submission made by the learned counsel appearing on either side, this Court directs the first respondent to complete the departmental proceedings within a period of seven months from the date of receipt of a copy of this order on merits and in accordance with law.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:-

1. The Commissioner of Police, Madurai City, 2.The Deputy Commissioner of Police, Head Quarters, Madurai City, 2/3

3.The Assistant Commissioner of Police, Thilagar Thidal, Law and Order Range, +1 CC to SPL GP ( SR-20049[F] dated 14/10/2020 ) +1 CC to Mr.T. LAJAPATHI ROY, Advocate ( SR-19927[F] dated 13/10/2020 ) W.P.[MD]No.13305 of 2020 12.10.2020 VB (21.10.2020) 3P 6C 3/3