Madras High CourtWP(MD)/24816/2024disposed of

S. Sounder Rajan v. The Commandant

2024-10-19Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.24816 of 2024 and W.M.P(MD)No.21146 of 2024 S.Sounder Rajan ... Petitioner Vs.

1.The Commandant, Tamil Nadu Special Police 14th Battalion, Palani, Dindigul District.

2.The Assistant Commandant, Tamil Nadu Special Police 14th Battalion, Palani, Dindigul District.

3.The Enquiry Officer/Assistant Commandant-02, Tamil Nadu Special Police 14th Battalion, Palani, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to consider and pass order upon the petitioner representation dated 10.09.2024 and 10.10.2024 to provide the necessary documents and statements of witnesses enclosed in Annexure 3 and 4 of charge memo dated 10.07.2024 and further provide the opportunity to cross examine the witnesses available in the Annexure 4 as per (PSO) the Police standing order before conclude and passing the final order by the respondents within the stipulated time that may be fixed by this Court. 1/4

For Petitioner : M/s.V.Manikandan For Respondents : Mr.S.Shaji Bino Special Government Pleader

ORDER

The instant writ petition has been filed by a Nayak working in TSP XIV Battalion, Palani, seeking a mandamus to direct the respondents to furnish the documents that are annexure to the charge memo, issued to the writ petitioner on 10.07.2024 based upon his representation made on various dates. 2.A perusal of the charge memo indicates that as per annexure 3 to the said charge memo, 26 documents are relied upon by the department for the charges levied as against the writ petitioner. According to the petitioner, these documents have not furnished to him and he has prayed for furnishing of these documents before participating in the departmental enquiry. 3.Considering the above said facts, the third respondent is directed to furnish a copy of all the 26 documents referred to in annexure 3 of the charge memo, dated 10.07.2024 within a period of four weeks from the date of receipt of a copy of this order.

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4.With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 19.10.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The Commandant, Tamil Nadu Special Police 14th Battalion, Palani, Dindigul District.

2.The Assistant Commandant, Tamil Nadu Special Police 14th Battalion, Palani, Dindigul District.

3.The Enquiry Officer/Assistant Commandant-02, Tamil Nadu Special Police 14th Battalion, Palani, Dindigul District.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.24816 of 2024 19.10.2024 4/4