Partly allowed

P. Sivakumar v. the Director Generl of

Madras HC27 Nov 2014WP/8476/2007

Case brief

AI extract

What is this about?

This court allowed a writ petition filed by a Sub Inspector challenging an order for recovery of telephone bills. The respondents accepted via written instructions that the recovery amount was discriminatory and excessive. The court modified the order to limit recovery to the amount imposed on another officer.

What did the court decide?

The impugned order modified to limit recovery to Rs. 3,561/-; excess amount, if recovered, to be paid within eight weeks.

P. Sivakumar Vs the Director Generl of — Service and Employment | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.11.2014

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CORAM:

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THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN

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Writ Petition No.8476 of 2007 (O.A.No.6403 of 2002)

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P.Sivakumar ... Petitioner

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vs.

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1.The Director General of Police, Police Head Quarters Chennai - 600 004. 2.The Superintendent of Police, Tirunelveli District, Tirunelveli. ... Respondents

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This petition came to be numbered by transfer of O.A.No.6403 of 2002 from the file of the Tamil Nadu Administrative Tribunal, praying for a Writ of Certiorari, to call for the records relating to the order passed by the 2nd respondent in his proceedings D.O./1563/2002 J-1 31693/2002 dated 04.10.2002 and quash the same as illegal in so far as petitioner is concerned.

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The petitioner filed O.A.No.6403 of 2002. On abolition of the Tribunal, the matter stood transferred to this Court and re-numbered as W.P.No.8476 of 2007.

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The petitioner was working as a Sub Inspector of Police in Sankarankoil Town Police Station. While so, the impugned order dated 04.10.2002 was passed by the 2nd respondent to effect recovery of a sum of Rs.15,773/- from the Inspector and Sub-Inspector of Police, Sankarankoil Town Police Station, for the alleged excess of Telephone Bill for the period between 01.06.2001 and 31.03.2002, while the permissible limit is Rs.4,250/-.

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https://hcservices.ecourts.gov.in/hcservices/

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According to the petitioner, while Rs.3,561/- was directed to be recovered from one Balasubramanian another Sub-Inspector of Police, an amount of Rs.5,956/- was directed to be recovered from the petitioner. The petitioner has questioned the discriminatory action of the respondents by filing this Original Application.

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When the writ petition came up on 20.11.2014, this Court directed the learned Additional Government Pleader to get instructions with regard to the contention made by the petitioner.

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Today, the learned Additional Government Pleader has produced written instructions, dated 24.11.2014 issued by the Superintendent of Police, Tirunelveli District. In the said instructions, it is accepted that while Rs.5,956/- was sought to be recovered from the petitioner, Rs.3,561/- was directed to be recovered from another SubInspector i.e, the plea of the petitioner is accepted in the written instructions.

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The learned counsel for the petitioner has no objection to recover an amount of Rs.3,561/- as done in the case of another SubInspector of Police viz., Balasubramanian.

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In view of the above, the impugned order, in so far as seeking to recover an amount of Rs.5,956/- from the petitioner is modified to the effect that a sum of Rs.3,561/- shall be recovered from the petitioner. If any amount over and above Rs.3,561/- was already recovered, the same shall be paid to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

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The writ petition is partly allowed. No costs.

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-s/d-

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Assistant Registrar(CSII) Dated:08/12/2014

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True Copy

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Sub-Assistant Registrar

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svki To

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1.The Director General of Police, Police Head Quarters Chennai - 600 004.

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https://hcservices.ecourts.gov.in/hcservices/

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

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+1 cc to the Government Pleader sr.57521 +1 cc to M/S.Ajmal Associates sr.57395

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W.P.No.8476 of 2007 (O.A.No.6403 of 2002)

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bky(co) aa08/12/2014

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https://hcservices.ecourts.gov.in/hcservices/

P. Sivakumar v. the Director Generl of

Case brief

What is this about?

What did the court decide?

P. Sivakumar v. the Director Generl of

Case brief

What is this about?

What did the court decide?

What the court decided

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