The Secretary To Government v. K Prabhakara Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and C.M.P(MD)No.14742 of 2024 1.The Secretary to Government, Home(Police VI)Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Director General of Police, Chennai-600 004.

3.The Commissioner of Police, Madurai City, Madurai.

4.The Deputy Commissioner of Police(Law and Order), Madurai City, Madurai.

5.The Assistant Commissioner of Police/Inquiry Officer, (Prohibition & Excise Department), Madurai City, Madurai.

.. Appellants/Respondents Vs.

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K.Prabhakara Kumar .. Respondent/Writ Petitioner PRAYER: Writ Appeal under Clause 15 of Letters Patent Act praying to set aside the order dated 06.02.2023 made in W.P.(MD)No.7792 of 2017 by allowing this appeal.

For Appellants : Mr.SRA.Ramachandran Additional Government Pleader For Respondent : M/s.D.Saranya

JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The charges in the disciplinary proceedings and the criminal proceedings are one and the same. Though the respondent was found guilty by the disciplinary authorities, the criminal Court acquitted the respondent. The learned Single Judge, taking note of the said acquittal, had only modified the punishment which she thought is highly excess and disproportionate to the proved delinquency. The learned Single Judge has taken care to observe that the petitioner will not be entitled to any monetary benefits during the period which he was out of 2/4

employment. Hence, we do not find any merit in the Writ Appeal. This Writ Appeal is dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

(R.S.M., J.) (S.M., J.) 22.10.2024 NCC : Yes/No Index : Yes / No PJL 3/4

R.SUBRAMANIAN, J.

and SUNDER MOHAN, J PJL 22.10.2024 4/4