S.Radhakrishnan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).Nos.2400 and 2401 of 2016 S.Radhakrishnan ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai 625 001.

2.The Deputy Commissioner of Police (Headquarters), Madurai City, Madurai 625 001.

3.The Deputy Commissioner of Police (Headquarters), Armed Reserve i/c, Madurai City, Madurai 625 001.

4.Thiru K.Jose Thangiah, Assistant Commissioner of Police (City Crime), Madurai City, Madurai 625 001.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the Charge Memo in Tha.Pa.No.96/2014 u/r. 3(b) dated NIL issued by the 3rd respondent and quash the same and consequently direct the 1st respondent to treat the period of suspension of the petitioner from 02.07.2014 to 21.10.2014 as duty period and grant all the service, monetary and other attended benefits within a time limit to be fixed by this Court. For Petitioner : Mr.A.Thirumurthy for M/s. Victory Associates For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader

O R D E R

This writ petition has been filed challenging the charge memo issued by the third respondent, dated Nil and to quash the same. 1/3

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that though the petitioner has filed the writ petition challenging the charge memo, as against the very same charge, a criminal case was registered against him and subsequently it was ended in acquittal. Hence, this Court may permit the petitioner to raise all these issues before the third respondent and also issue a direction to the third respondent to complete the disciplinary proceedings pending against the petitioner within a reasonable time as fixed by this Court

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

4. Considering the above said submission, this Court, without going into the merits of the matter, directs the third respondent to complete the disciplinary proceedings pending against the petitioner, within a period of four months from the date of receipt of a copy of this order and this Court also permits the petitioner to raise all the issues before the third respondent and to examine the witnesses.

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

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The Commissioner of Police, Madurai City, Madurai 625 001.

2.The Deputy Commissioner of Police (Headquarters), Madurai City, Madurai 625 001.

3.The Deputy Commissioner of Police (Headquarters), Armed Reserve i/c, Madurai City, Madurai 625 001.

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+1 CC to M/s.A.THIRUMURTHY, Advocate ( SR-5188[F] dated 15/02/2021 ) +1 CC to M/s.SPL GP ( SR-5357[F] dated 16/02/2021 ) 15.02.2021 KVN(CO) KK(01.03.2021) 3P 6C 3/3