High Court · 2024

W.P.No.5894 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 07.08.2024CORAM :THE HONOURABLE MR.JUSTICE N.ANAND VENKATESHW.P.No.5894 of 2024andWMP Nos.6525 & 23110 of 2024P.G.Vinod Kumar ... Petitioner -Vs-1.The Commissioner of Police Greater Chennai Police Chennai City Vepery, Chennai-600 007.2.The Joint Commissioner of Police South Zone, Greater Chennai Police St.Thomas Mount Chennai-16.3.The Joint Commissioner of Police East Zone, Greater Chennai Police Egmore, Chennai.4.The Deputy Commissioner of Police Adyar Police District Adyar, Chennai 600 020. ...Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to cal for the records of the 4th respondent in his 1/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024proceedings in Tha.Ko.No.4 Tha.P/II (The)-2024 dated 12.02.2024 and quash the same.For Petitioner : Mr.L.G.SahadevanFor Respondents : Mr.K.Tamilvendan Government Advocate O R D E RThe present writ petition has been filed challenging the proceedings of the 4th respondent in Tha.Ko.No.4 Tha.P/II (The)-2024 dated 12.02.2024.2.The case of the petitioner is that he joined as a Police Head Constable in the year 1973. During the year 2005, he was placed under suspension by the 2nd respondent through proceedings dated 28.12.2005 in connection with a pending criminal case in Crime No.19 of 2005. The investigation was completed and final report was filed and the petitioner was arrayed as A2 in this case. The petitioner underwent trial before the Special Court in C.C.No.138 of 2011. On considering the facts and circumstances of the case and on appreciation of evidence, the Trial Court through judgment dated 29.02.2012, acquitted the petitioner from all charges. A1 was convicted and sentenced.3.In the meantime, the suspension was revoked and the petitioner rejoined in the year 2007. The State filed an appeal in Crl.A.No.427 of 2013 against the acquittal 2/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024of the petitioner. A1 who was convicted and sentenced also filed an appeal in Crl.A.No.176 of 2012. Both these appeals were heard together and by judgment dated 24.08.2022, this Court dismissed the appeal filed by the State and thereby the order of acquittal in favour of the petitioner was confirmed.4.The petitioner superannuated on 30.11.2012. However, he was not relieved and no terminal benefits were paid. Therefore, the petitioner filed W.P.No.2429 of 2024, before this Court for a direction to the respondents to revoke the suspension order and to permit the petitioner to retire from service and to pay all the consequential terminal benefits.5.This Court on considering the facts and circumstances of the case came to a conclusion that the order of acquittal has become final and therefore, this Court directed the respondents to permit the petitioner to retire from service effective from 30.11.2012 and to settle all the terminal benefits forthwith, by order dated 05.02.2024.6.Pursuant to the above order, the 4th respondent has now issued a charge memo by quoting the 2005 incident which resulted in the initiation of the criminal proceedings against the petitioner. The said charge memo has been put to challenge in this writ petition.3/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 20247.The 4th respondent has filed a counter affidavit. The 4th respondent has taken a stand that the petitioner was involved in a corruption case and therefore, his acquittal in the criminal case will not stand in the way of the department to initiate disciplinary proceedings against the petitioner. Therefore, proceedings were initiated under Rule 3(b) of the Tamil Nadu Police Subordinate Service [Discipline & Appeal] Rules 1955. Thus, the 4th respondent has justified the initiation of departmental proceedings against the petitioner and has sought for the dismissal of this writ petition.8.Heard Mr.L.G.Sahadevan, learned counsel for the petitioner and Mr.K.Tamilvendan, learned Government Advocate appearing on behalf of the respondent.9.This Court has carefully considered the submissions made on either side and the materials available on record.10.In the considered view of this Court, initiation of the departmental proceedings by the 4th respondent against the petitioner, on the face of it amounts to contempt in the light of the earlier order passed by this Court in W.P.No.2429 of 2024, dated 05.02.2024. This Court on considering the entire facts of the case 4/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024specifically directed the respondents to permit the petitioner to retire from service effective from 30.11.2012 and to settle all the terminal benefits forthwith. Without complying with this direction, just to get over the direction, the charge memo has been issued by the 4th respondent.11.Charge Memo issued by the 4th respondent is liable to be interfered both on the ground that it is in complete violation of the orders passed by this Court and also on the ground that it is attended with ulterior motives and malafides. The petitioner is already aged about 70 years and he is at the evening of his life. At this stage, the respondents have initiated a fresh enquiry only to harass the petitioner and to deprive him of the terminal benefits. Hence, this Court has absolutely no hesitation to interfere with the impugned proceedings of the 4th respondent in Tha.Ko.No.4 Tha.P/II (The)-2024 dated 12.02.2024 and the same is hereby quashed.12.There shall be a direction to the 4th respondent to comply with the earlier Order passed by this Court in WP.No.2429 of 2024, dated 05.02.2024 and permit the petitioner to retire with effect from 30.11.2012 and settle all the terminal benefits of the petitioner within a period of four weeks from the date of receipt of copy of the order.13.This Court was inclined to initiate contempt proceedings against the 5/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024respondents on the ground that the earlier order passed by this Court has been violated by issuing a charge memo. However, this Court wants to give one last opportunity to the respondents to comply with the earlier order. Therefore, the time limit fixed by this Court shall be strictly complied with.14.In the result, this writ petition is allowed with the above directions. No costs. Consequently, WMP No.6525 of 2024 is closed. WMP.No.23119 of 2024, stands dismissed.15.Post this case under the caption 'for reporting compliance” on 23.09.2024 at 2.15 p.m.07.08.2024KPInternet: YesIndex: Yes/No6/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024To1.The Commissioner of Police Greater Chennai Police Chennai City Vepery, Chennai-600 007.2.The Joint Commissioner of Police South Zone, Greater Chennai Police St.Thomas Mount Chennai-16.3.The Joint Commissioner of Police East Zone, Greater Chennai Police Egmore, Chennai.4.The Deputy Commissioner of Police Adyar Police District Adyar, Chennai 600 020. 7/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024N.ANAND VENKATESH. J.,KPW.P.No.5894 of 202407.08.20248/8

W.P.No.5894 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 07.08.2024CORAM :THE HONOURABLE MR.JUSTICE N.ANAND VENKATESHW.P.No.5894 of 2024andWMP Nos.6525 & 23110 of 2024P.G.Vinod Kumar ... Petitioner -Vs-1.The Commissioner of Police Greater Chennai Police Chennai City Vepery, Chennai-600 007.2.The Joint Commissioner of Police South Zone, Greater Chennai Police St.Thomas Mount Chennai-16.3.The Joint Commissioner of Police East Zone, Greater Chennai Police Egmore, Chennai.4.The Deputy Commissioner of Police Adyar Police District Adyar, Chennai 600 020. ...Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to cal for the records of the 4th respondent in his 1/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024proceedings in Tha.Ko.No.4 Tha.P/II (The)-2024 dated 12.02.2024 and quash the same.For Petitioner : Mr.L.G.SahadevanFor Respondents : Mr.K.Tamilvendan Government Advocate O R D E RThe present writ petition has been filed challenging the proceedings of the 4th respondent in Tha.Ko.No.4 Tha.P/II (The)-2024 dated 12.02.2024.2.The case of the petitioner is that he joined as a Police Head Constable in the year 1973. During the year 2005, he was placed under suspension by the 2nd respondent through proceedings dated 28.12.2005 in connection with a pending criminal case in Crime No.19 of 2005. The investigation was completed and final report was filed and the petitioner was arrayed as A2 in this case. The petitioner underwent trial before the Special Court in C.C.No.138 of 2011. On considering the facts and circumstances of the case and on appreciation of evidence, the Trial Court through judgment dated 29.02.2012, acquitted the petitioner from all charges. A1 was convicted and sentenced.3.In the meantime, the suspension was revoked and the petitioner rejoined in the year 2007. The State filed an appeal in Crl.A.No.427 of 2013 against the acquittal 2/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024of the petitioner. A1 who was convicted and sentenced also filed an appeal in Crl.A.No.176 of 2012. Both these appeals were heard together and by judgment dated 24.08.2022, this Court dismissed the appeal filed by the State and thereby the order of acquittal in favour of the petitioner was confirmed.4.The petitioner superannuated on 30.11.2012. However, he was not relieved and no terminal benefits were paid. Therefore, the petitioner filed W.P.No.2429 of 2024, before this Court for a direction to the respondents to revoke the suspension order and to permit the petitioner to retire from service and to pay all the consequential terminal benefits.5.This Court on considering the facts and circumstances of the case came to a conclusion that the order of acquittal has become final and therefore, this Court directed the respondents to permit the petitioner to retire from service effective from 30.11.2012 and to settle all the terminal benefits forthwith, by order dated 05.02.2024.6.Pursuant to the above order, the 4th respondent has now issued a charge memo by quoting the 2005 incident which resulted in the initiation of the criminal proceedings against the petitioner. The said charge memo has been put to challenge in this writ petition.3/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 20247.The 4th respondent has filed a counter affidavit. The 4th respondent has taken a stand that the petitioner was involved in a corruption case and therefore, his acquittal in the criminal case will not stand in the way of the department to initiate disciplinary proceedings against the petitioner. Therefore, proceedings were initiated under Rule 3(b) of the Tamil Nadu Police Subordinate Service [Discipline & Appeal] Rules 1955. Thus, the 4th respondent has justified the initiation of departmental proceedings against the petitioner and has sought for the dismissal of this writ petition.8.Heard Mr.L.G.Sahadevan, learned counsel for the petitioner and Mr.K.Tamilvendan, learned Government Advocate appearing on behalf of the respondent.9.This Court has carefully considered the submissions made on either side and the materials available on record.10.In the considered view of this Court, initiation of the departmental proceedings by the 4th respondent against the petitioner, on the face of it amounts to contempt in the light of the earlier order passed by this Court in W.P.No.2429 of 2024, dated 05.02.2024. This Court on considering the entire facts of the case 4/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024specifically directed the respondents to permit the petitioner to retire from service effective from 30.11.2012 and to settle all the terminal benefits forthwith. Without complying with this direction, just to get over the direction, the charge memo has been issued by the 4th respondent.11.Charge Memo issued by the 4th respondent is liable to be interfered both on the ground that it is in complete violation of the orders passed by this Court and also on the ground that it is attended with ulterior motives and malafides. The petitioner is already aged about 70 years and he is at the evening of his life. At this stage, the respondents have initiated a fresh enquiry only to harass the petitioner and to deprive him of the terminal benefits. Hence, this Court has absolutely no hesitation to interfere with the impugned proceedings of the 4th respondent in Tha.Ko.No.4 Tha.P/II (The)-2024 dated 12.02.2024 and the same is hereby quashed.12.There shall be a direction to the 4th respondent to comply with the earlier Order passed by this Court in WP.No.2429 of 2024, dated 05.02.2024 and permit the petitioner to retire with effect from 30.11.2012 and settle all the terminal benefits of the petitioner within a period of four weeks from the date of receipt of copy of the order.13.This Court was inclined to initiate contempt proceedings against the 5/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024respondents on the ground that the earlier order passed by this Court has been violated by issuing a charge memo. However, this Court wants to give one last opportunity to the respondents to comply with the earlier order. Therefore, the time limit fixed by this Court shall be strictly complied with.14.In the result, this writ petition is allowed with the above directions. No costs. Consequently, WMP No.6525 of 2024 is closed. WMP.No.23119 of 2024, stands dismissed.15.Post this case under the caption 'for reporting compliance” on 23.09.2024 at 2.15 p.m.07.08.2024KPInternet: YesIndex: Yes/No6/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024To1.The Commissioner of Police Greater Chennai Police Chennai City Vepery, Chennai-600 007.2.The Joint Commissioner of Police South Zone, Greater Chennai Police St.Thomas Mount Chennai-16.3.The Joint Commissioner of Police East Zone, Greater Chennai Police Egmore, Chennai.4.The Deputy Commissioner of Police Adyar Police District Adyar, Chennai 600 020. 7/8 https://www.mhc.tn.gov.in/judis W.P.No.5894 of 2024N.ANAND VENKATESH. J.,KPW.P.No.5894 of 202407.08.20248/8