✦ High Court of India · 27 Mar 2024

High Court · 2024

Case Details High Court of India · 27 Mar 2024

Court

High Court of India

Decided

27 Mar 2024

Bench

Not available

Length

1,085 words

Acts & Sections

Constitution of India Indian Penal Code §376(2)Indian Penal Code

W.P.No.8621 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.03.2024CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.8621 of 2024and W.M.P.No.9595 of 2024R.Mohanakrishnan ... Petitioner-Vs-1. The Deputy Inspector General of Police, Coimbatore Range, Coimbatore – 18.2. S.Soundararajan Additional Superintendent of Police/Enquiry Officer, (Cyber Crime Cell), The Nilgiris District. ... RespondentsPrayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to keep the disciplinary proceedings initiated against the petitioner in P.R.No.22/D1/2023 dated 01.12.2023 u/r 17(b) of the TNCSC (D&A) Rules in abeyance, pending disposal of the criminal case registered in Crime No.12 of 2022 dated 08.12.2022 on the file of AWPS, Ooty.For Petitioner : Mr.K.Venkataramani, Senior Counsel for Mr.S.SivakumarFor Respondents : Mrs.R.L.Karthika Government Advocate ORDERPage 1 of 7 https://www.mhc.tn.gov.in/judis W.P.No.8621 of 2024This writ petition has been filed challenging the charge memo dated 01.12.2023 issued by the first respondent.2. Heard the learned counsel on either side and perused the materials available on record.3. The petitioner was appointed as Junior Assistant on compassionate ground, on 08.02.1995. Thereafter, he was promoted to the post of Assistant and subsequently as Superintendent in the year 2015. While being so, on the complaint lodged by one Nafeesa, who is working as Junior Assistant, FIR has been registered in Crime No.12 of 2022 for the offences punishable under Sections 376(2)(k) and 506(1) of IPC, on the file of the All Women Police Station, Ooty. Pursuant to the registration of FIR, the petitioner was arrested and remanded to judicial custody, on 09.12.2022. Therefore, the petitioner was deemed to be suspended from service by an order of suspension dated 09.12.2022 under Rule 17(e)(2) of the Tamil Nadu Civil Services (D & A) Rules. Thereafter, the petitioner was served with a charge memo dated 01.12.2023 under Rule 17(b) of the Tamil Nadu Civil Services (D&A) Rules consisting of two charges as follows:- Page 2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.8621 of 2024 “Fw;wr;rhl;L 1 : ePtpu; ePyfpup khtl;l fhty;“ mYtyfj;jpy; gpupt[ fz;fhzpg;ghsuhf gzpg[upe;jnghJ. fle;j 2018-k; tUlk; Vg;uy; Kjy; $%d; khj fhyfl;lj;jpy;. jpUkjp/ egPrh ,sepiy cjtpahsu;. khtl;l fhty; mYtyfk;. ePyfpup khtl;lk; vd;gtuJ tPl;ow;F brd;W mjpfhuj;ij J!;gpunahfk; bra;J mtiu gyhj;fhuk; bra;J. ghypay; uPjpahf Jd;g[Wj;jpajpd; tpisthf fle;j 08/12/2022 md;W cjif efu midj;J kfsPu; fhty; epiyaj;jpy; jpUkjp/ T/egPrh. vd;gtu; M$uhfp ck;kPJ bfhLj;j vGj;J g{h;tkhd g[fhupd; ngupy; cjif efu midj;J kfsPu; fhty; epiya Fw;w vz;/12-2022. U/s 376(k), 506(i) IPC-d;go tHf;F gjpt[ bra;ag;gl;L. ifJ bra;ag;gl;L. ePjpkd;w fhtYf;F cl;gLj;jg;gl;ljpd; fhuzkhf fhty; Jiwapd; ew;bgaUf;F fs';fk; Vw;gLj;Jk; tpjkhf ele;J bfhz;l bray; kw;Wk; mjd; fhuzkhf jkpH;ehL muRg;gzpahsu; elj;ij tpjp 1973 gpupt[ 20(1) kw;Wk; gpupt[ 20(B)(1)-I kPwpa kpft[k; fz;of;fj;jf;f xG';fPdkhd bray;/”Fw;wr;rhl;L 2 : ePtpu;. ePyfpup khtl;l fhty;“ mYtyfj;jpy; gpupt[ fz;fhzpg;ghsuhf gzpg[upe;jnghJ. jpUkjp/ egPrh. ,sepiy cjtpahsu;. jpUkjp/ r';fPjh. ,sepiy cjtpahsu;. jpUkjp/gpe;J. Mytyf cjtpahsu; Mfpnahuplk; ckJ mjpfhuj;ij J!;gpunahfk; bra;J. ghypay; uPjpahf Jd;g[Wj;jpajd; fhuzkhf. fle;j 05/12/2022 md;W g[fhu; mspj;jij bjhlu;e;J. jpUkjp/ gj;kh. epu;thf mjpfhup vd;gtupd; jiyikapy; tprhfh fkpl;o mikj;J nkw;go g[fhu;fs; tprhuiz bra;J. ck;kPjhd g[fhu;fs; epU:gzk; Mtjhf tprhuiz mwpf;if mspj;Js;sJ/ ,jd; fhuzkhf jkpH;ehL muRg;gzpahsu; elj;ij tpjp 1973 gpupt[ 20(1) kw;Wk; gpupt[ 20(B)(1)-I kPwpa kpft[k; fz;of;fj;jf;f xG';fPdkhd bray;/””Page 3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.8621 of 20244. The learned Senior Counsel appearing for the petitioner submitted that the petitioner, while he was working as Superintendent, was directed to conduct the Audit work with regard to Government vehicles and its fuel usage in the Nilgiris District. He found irregularity in the usage of Government vehicles and submitted his report to the Administrative Officer to initiate necessary action. Due to which, by giving an ill advise to the complainant, she lodged a false complaint that too after a period of four years from the date of alleged occurrence. The allegations and the charges framed for disciplinary proceedings are one and the same. Now, the investigation is pending in Crime No.12 of 2022. He further submitted that the petitioner also filed a petition to quash the FIR before this Court and it is pending. The witnesses proposed to be examined in the disciplinary enquiry and in the criminal case are one and the same. Therefore, if the respondents proceeded with disciplinary proceedings, it would cause prejudice to the petitioner while defending the criminal case.5. A perusal of records revealed that the complainant Nafeesa, who is working as Junior Assistant in the very same office, in which the petitioner was serving as Superintendent, suffered lot of mental agony because of the illegal activities of the petitioner. The petitioner sexually tortured her to the core. The complainant is a destitute woman and she is living with her son. Utilizing the Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.8621 of 2024said circumstances, in the year 2018, he committed rape on her. The petitioner also threatened her with dire consequences, if she discloses the said occurrence to others. Finally, she lodged a complaint and the same has been registered in Crime No.12 of 2022 for the offences punishable under Sections 376(2)(k) and 506(1) of IPC, on the file of the All Women Police Station, Ooty. The learned Senior Counsel appearing for the petitioner submitted that the petitioner had already filed a petition to quash the FIR before this Court and it is pending. On the one hand, the petitioner challenged the FIR before this Court by way of a quash petition and on the another hand, the petitioner filed this writ petition to quash the charge memo. Therefore, the submissions made by the learned Senior Counsel appearing for the petitioner cannot be accepted that if the proposed witnesses are examined in the departmental enquiry, it would affect his defence in the criminal case. It cannot blow hot and cool air on the same time. Therefore, the intention of the petitioner is very clear to stall the disciplinary proceedings as well as the criminal proceedings. Further, the criminal case as well as the departmental proceedings can go simultaneously and there is absolutely no bar under Tamil Nadu Civil Services (D & A) Rules. That apart, the criminal case is under investigation and charge sheet is not filed so far.6. In view of the above, this Court finds no infirmity or illegality in the Page 5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.8621 of 2024disciplinary proceedings initiated as against the petitioner and this writ petition is devoid of merits and is liable to be dismissed.7. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.27.03.2024Internet: YesIndex : Yes/NoNeutral Citation: Yes/NoSpeaking/Non Speaking ordermnG.K.ILANTHIRAIYAN. J,mnPage 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.8621 of 2024ToThe Deputy Inspector General of Police,Coimbatore Range,Coimbatore – 18.W.P.No.8621 of 202427.03.2024Page 7 of 7

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