Kayalvizhi (F-46/2022) v. The Deputy Inspector General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP(MD) No.21909 of 2022 Kayalvizhi ... Petitioner Vs

1. The Deputy Inspector General Of Police, O/o.Deputy Inspector General of Police, Madurai Range, Surveyor Colony, K.Pudur, Madurai.

2. The Superintendent of Police, O/o.Superintendent of Police, Surveyor Colony, Moondrumavadi, Madurai 625 007.

3. The Deputy Superintendent Of Police, O/o.Deputy Superintendent of Police, Samayanallur, Madurai District.

4. The Inspector of Police, O/o.All Women Police Station, Samayanallur, Madurai District.

... Respondents

Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari calling for the entire records in connection with impugned order passed by the second respondent vide his proceedings Ref. No. C.No. A2/E-2037743/2022, D.O.No. 1283/2022, dated 30.11.2022 and quash the same.

For Petitioner :

Mr.N.Nagasundararamanan for Mr.Niranjan S.Kumar For Respondents :

Mr.Veerakathiravan Additional Advocate General Assisted by Mr.K.Chisty Theboral Additional Government Pleader

O R D E R

When the writ petition was taken up for hearing, the learned counsel for the petitioner would submit that the petitioner was upgraded as Special Sub Inspector of Police as per order of the second respondent dated 01.05.2022. However, in view of the criminal case registered against her, the present demotion order was passed, challenging the same, the petitioner is before this Court.

2. However, it is represented by the learned Additional Advocate General appearing for the respondents that pursuant to the interim order granted by this Court, again the petitioner was upgraded as Special Sub Inspector of Police vide order dated 23.12.2022. He would fairly submit that the present demotion order is without hearing the petitioner. Hence, this Court may set aside the impugned order and remand the matter back to the respondents for fresh consideration.

3. In view of the said submission made by the learned Additional Advocate General, this writ petition is allowed and the impugned order is set aside on the ground of violation of principles of natural justice and the matter is remanded back to the respondents for fresh consideration and the respondents are directed to hear the petitioner and pass appropriate orders. No costs. consequently connected Miscellaneous Petition is closed. 24.02.2023 NCC : Yes/No Index : Yes/No RR

To

1. The Deputy Inspector General Of Police, O/o.Deputy Inspector General of Police, Madurai Range, Surveyor Colony, K.Pudur, Madurai.

2. The Superintendent of Police, O/o.Superintendent of Police, Surveyor Colony, Moondrumavadi, Madurai 625 007.

3. The Deputy Superintendent Of Police, O/o.Deputy Superintendent of Police, Samayanallur, Madurai District.

4. The Inspector of Police, O/o.All Women Police Station, Samayanallur, Madurai District.

M.DHANDAPANI, J.

RR 24.02.2023