Madras High CourtWP(MD)/13803/2017dismissed

Selva Kumar, v. The District Superintendent

2017-07-26Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13803 of 2017 and W.M.P.(MD).No.10757 of 2017 Selva Kumar ... Petitioner Vs.

The District Superintendent of Police Madurai District, Madurai.

.. Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the impugned Charge Memo issued by the respondent in C.No.F1/PR.No.28/2-17 dated 06.04.2017 and quash the same. For Petitioner : Mr.P.Shanmugaraja for Chettinad Legal Soulutions For Respondent : Mr.K.Guru Additional Government Pleader

O R D E R

The petitioner has come to this Court challenging the correctness of the charge memo dated 06.04.2017 issued under Rule 17(b) of the Tamil Nadu Civil Service(D&A) Rules 1955 on the ground that when a criminal case has been registered against the petitioner for the very same charges, he cannot be prosecuted simultaneously. However, though the charge sheet is said to have been filed on the file of the Criminal Court, the same has not been produced before this Court. Therefore, it is highly improper on the part of the respondents to contend that the charges levelled against the petitioner before the departmental proceedings and the criminal Court are one and the same. 2.Besides, a reading of the charge memo dated 06.04.2017 does not impress upon the Court to entertain the writ petition. He has to face the enquiry. Therefore, this Court is not inclined to https://hcservices.ecourts.gov.in/hcservices/

entertain this writ petition questioning the correctness of the charge memo. Hence, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To The District Superintendent of Police Madurai District, Madurai.

+1CC to Mr.R.M.Arun Swaminathan, Advocate, SR.No.68212 +1CC to the Special Government Pleader SR.No. 68635 W.P(MD)No.13803 of 2017 26.07.2017 NS AM/SKN RSK/SAR 1/12.09.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/