Madras High CourtWP(MD)/28559/2025disposed of

C.Vijai v. The Commandant

2025-10-24Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and WMP(MD)Nos.22135 & 22137 of 2025 C.Vijai, ... Petitioner Vs.

1. The Commandant, Office of the Commandant TSP IX Battalion, Manimuthar, Tirunelveli District.

2. The Deputy Commandant,, Office of the Commandant, TSP IX Battalion, Manimuthar, Tirunelveli District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, by calling for the records relating to the impugned Charge Memo issued by the 1st Respondent in his proceedings in PR.No.59/2025 dated 12.09.2025, under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules 1955 and to quash the same.

For Petitioner : Ms.P.Jessi Jeeva Priya, For Respondents : Mrs.P.B.Ahamed Yashmin Parvin, Government Advocate (Crl.Side) 1/4

ORDER

This Petition is filed challenging the impugned Charge Memo issued by the 1st Respondent in his proceedings in PR.No.59/2025 dated 12.09.2025, under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules 1955.

2. Considering the fact that the charges are framed upon a private dispute in which the petitioner has been involved in the criminal case in Crime No.242 of 2025 on the file of the Pettai Police Station, Tirunelveli, is also pending, if the petitioner gets acquitted in the criminal case, then the charges could not be proceeded with. Even though the petitioner has sought to quash the charge memo, considering the fact that the petitioner has involved in the criminal case, which does not arise out of the official duty but only in the personal capacity, the respondents are directed not to proceed with the disciplinary proceedings in P.R.No.59 of 2025 till the disposal of the criminal case against the petitioner. 2/4

3. With the above said directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

24.10.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No LS TO

1. The Commandant, Office of the Commandant TSP IX Battalion, Manimuthar, Tirunelveli District.

2. The Deputy Commandant,, Office of the Commandant, TSP IX Battalion, Manimuthar, Tirunelveli District.

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K.KUMARESH BABU,J LS WP(MD) No.28559 of 2025 24.10.2025 4/4