Madras High CourtWP(MD)/30648/2023dismissed

Pandi .S v. The Superintendent Of Police

2024-11-25Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.30648 of 2023 and W.M.P.(MD)No.26344 of 2023 S.Pandi ... Petitioner Vs 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Superintendent of Police, Coimbatore District, Coimbatore.

... 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 impugned order in D.O.No.1294/2023 in C.No.F1/29128/178/2023, dated 30.11.2023 passed by the first respondent removing the petitioner from the service and quash the same as illegal and consequently direct the first respondent to reinstate the petitioner into the service.

For Petitioner : Mr.M.Maran For Respondents : Mr.A.Baskaran Additional Government Pleader 1/4

O R D E R

The instant writ petition has been filed by a Grade-II Police Constable challenging the order of dismissal dated 30.11.2023 passed by the first respondent herein.

2.The petitioner herein was implicated in a criminal case in Crime No. 153 of 2014 on the file of the Gomangalam Police Station, under Section 381 of IPC. The petitioner was convicted by the learned Judicial Magistrate No.II, Pollachi in C.C.No.113 of 2015, on 20.09.2023. Based upon the conviction, show cause notice was issued to the petitioner on 16.11.2023 to show cause why he should not be dismissed from service. After considering his explanation, the present impugned order of dismissal came to be passed on 30.11.2023.

3.It is brought to the notice of the Court that pending writ petition, the writ petitioner has filed Crl.A.No.313 of 2013 before the I Additional District and Sessions Judge, Coimbatore. The conviction order of the trial Court has been confirmed by the learned I District and Sessions Judge, Coimbatore by an order dated 28.08.2024.

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4.In view of the above said facts, there is no scope to consider the request of the petitioner to reinstate him.

5.With the above said observations, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 25.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No RJR To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Superintendent of Police, Coimbatore District, Coimbatore.

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R.VIJAYAKUMAR,J.

RJR W.P(MD)No.30648 of 2023 25.11.2024 4/4