S.Arumai Nayagam v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.20635 of 2023 S.Arumai Nayagam .. Petitioner Vs.

1.The Director General of Police, Police Chief Office, Mylapore, Chennai- 600 004.

2.The Superintendent of Police, Tamilnadu Police Academy, Oonamancheri, Vandalur, Chennai- 600 017.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the 1st respondent to set aside the punishment of removal from service, in the light of the judgement dated 28.04.2023 passed in S.C.No.95 of 20127 and S.C.No.96 of 2017, on the file of the II-Additional District and Sessions Judge (PCR), Tirunelveli and to reinstate the petitioner by 1/5

considering his representation dated 06.06.2023. For Petitioner : Mrs.P.Jessi Jeeva Priya For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The present writ petition has been filed seeking direction to the first respondent to set aside the punishment of removal from service in the light of the judgement dated 28.04.2023 passed in S.C.No.95 of 20127 and S.C.No.96 of 2017, on the file of the II-Additional District and Sessions Judge (PCR), Tirunelveli and to reinstate the petitioner by considering his representation dated 06.06.2023.

2. Heard Mrs.P.Jessi Jeeva Priya, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader for the respondents.

3. The petitioner, who has been facing criminal case along with the departmental proceedings, was given with the punishment of 2/5

removal of service in the Departmental Proceedings. Subsequently, the criminal proceedings had ended in acquittal.

4. It is claimed by the learned counsel for the petitioner that the petitioner is facing disciplinary action on the same set of allegations which has been made in the criminal case also. So it is submitted that in view of the judgment of acquittal passed in the criminal case, the petitioner had given a representation to the first respondent to set aside the punishment of removal and to reinstate him into service. However, the said representation has not been considered so far. Hence, this writ petition.

5. In view of the change of circumstances, the first respondent is directed to consider the representation of the petitioner dated 06.06.2023 and pass orders on its own merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

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

04.06.2024 Index :

Yes / No Internet : Yes / No NCC : Yes / No PJL To 1.The Director General of Police, Police Chief Office, Mylapore, Chennai- 600 004.

2.The Superintendent of Police, Tamilnadu Police Academy, Oonamancheri, Vandalur, Chennai- 600 017.

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R.N.MANJULA , J.

PJL Order made in W.P.(MD)No.20635 of 2023 04.06.2024 5/5