K.Thangamuthu, v. The Superintendent Of Police,

W.P.(MD)No.15980 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.15980 of 2016 and W.M.P.(MD).Nos.11704 of 2016 & 9485 of 2017 K.Thangamuthu ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Assistant Superintendent of Police / Enquiry Officer, Virudhunagar Sub Division, Virudhunagar District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned charge memo issued by the first respondent in Tha.Pa.No.27/2016, dated 29.04.2016 and to quash the same.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.M.Muthugeethayan Special Government Pleader

O R D E R

This writ petition has been filed challenging the charge memo issued by the first respondent in Tha.Pa.No.27/2016, dated 29.04.2016 and to quash the same.

2. The learned counsel appearing for the petitioner would submit that though many grounds available in the writ petition for challenging the charge memo, the fact remains that the allegation in the charge memo and the criminal case registered against the petitioner is one and the same and the witnesses are also one and the same. Further, the criminal case was ended in acquittal, after elaborate trial and the petitioner have the benefit of the above said order of acquittal. However, this Court may issue a direction to the first respondent to conclude the disciplinary proceedings within the time as fixed by this Court.

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W.P.(MD)No.15980 of 2016

3. The learned Special Government Pleader appearing for the respondents has no serious objection to the said submission made by the learned counsel for the petitioner.

4. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to conclude the disciplinary proceedings pending against the petitioner, within a period of three months from the date of receipt of a copy of this order and this Court permits the petitioner to canvass all those issues and to produce the acquittal order before the first respondent.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) AKV To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Assistant Superintendent of Police / Enquiry Officer, Virudhunagar Sub Division, Virudhunagar District.

+1 CC to MR.T.CHANDRA SEKARAN, Advocate ( SR-7425[F] dated 26/02/2021 ) +1 CC to SPL GP ( SR-7518[F] dated 26/02/2021 ) W.P.(MD)No.15980 of 2016 25.02.2021 KM (10.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2