T. Dattis Joyson v. The Deputy Inspector General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.13414 of 2024 & W.M.P.(MD)Nos.11829 & 11830 of 2024 T.Dattis Joyson ... Petitioner vs.
1.The Deputy Inspector General of Police, Office of the Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.
2.The Superintendent of Police, District Police Office, Kanyakumari District at Nagercoil.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned orders passed by the 1st respondent in C.No.C1/1166/2024 R.O.O.No.243/2024 dated 29.04.2024 and consequential order issued by the 1st respondent vide proceedings in C.No.C1/1166/2024 R.O.O.No.244/2024 dated 29.04.2024 and quash the same and consequently permit the petitioner to retire and disburse the terminal benefits and other attendant benefits. 1/6
For Petitioner :
Mr.F.Deepak For Respondents :
Mr.N.Ramesh Arumugam, Government Advocate
O R D E R
Heard Mr.F.Deepak, learned counsel appearing for the petitioner and Mr.N.Ramesh Arumugam, learned Government Advocate appearing for the respondents.
2. The petitioner has filed this petition seeking to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned orders passed by the 1st respondent in C.No.C1/1166/2024 R.O.O.No.243/2024 dated 29.04.2024 and consequential order issued by the 1st respondent in C.No.C1/1166/2024 R.O.O.No.244/2024 dated 29.04.2024, quash the same and consequently direct the respondents to permit the petitioner to retire and also disburse his terminal benefits and other attendant benefits.
3. The petitioner who has been placed under suspension on the previous day of his retirement has filed this writ petition challenging the 2/6
suspension order and the order not allowing him to retire and also for a consequential direction.
4. Mr.F.Deepak, learned counsel appearing for the petitioner submitted that the petitioner who was a Sub-Inspector of Police had already given a complaint against some third parties for an alleged occurrence in which a case has been registered in Crime No.23 of 2024 of Kadaiyalumoodu Police Station on 20.04.2024 for the offences punishable under Sections 427, 294(b), 323 and 506(2) of IPC. In pursuant to the above First Information Report, some of the accused have also been arrested. However, one of the accused in the above case has given a counter complaint for which a case has been registered in Crime No.24 of 2024 of Kadaiyalumoodu Police Station on 27.04.2024 for the offences punishable under Sections 147, 148, 294(b), 324, 323 and 506(2) of IPC against the petitioner and his family members. It is his submission that the complaint against the petitioner has been given out of motive in view of several complaints registered and pending against some of the accused persons in Crime No.23 of 2024 of Kadaiyalumoodu Police 3/6
Station.
5. The nature in which the complaint has been registered in Crime No.24 of 2024 and allegations seen in the said complaint would show that it is a kind of quarrel between a third party and the family members of the petitioner. The petitioner has not been arrested in the above case so far. The criminal case has got nothing to do with the official duties of the petitioner and there are no previous allegations or punishment against the petitioner so far. In such case, the respondents shall consider the revocation of suspension of the petitioner and allow him to retire.
6. The petitioner is said to have given a representation to the respondents by stating about the background in which the case against him has been registered and also stating that the Criminal Case is not a case concerning his official duties. Hence, I feel it is appropriate to direct the respondents to consider the representation of the petitioner and pass appropriate orders.
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7. In the result, the writ petition is disposed of and the respondents are directed to consider the representation of the petitioner dated 28.05.2024 and pass orders to revoke the suspension and allow him to retire in the light of the above observations within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed. 25.06.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To 1.The Deputy Inspector General of Police, Office of the Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.
2.The Superintendent of Police, District Police Office, Kanyakumari District at Nagercoil.
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R.N.MANJULA, J.
mbi 25.06.2024 6/6