Division Bench quashed disciplinary proceedings against the respondent relying on a prior decision. The High Court held the department's writ appeal lacked merit and dismissed it, affirming the Single Bench's order.
The writ appeal filed by the appellants is dismissed with no costs. The connected miscellaneous petition is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.[MD]No.1052 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI W.A.[MD]No.1052 of 2021
and
C.M.P.[MD]No.4735 of 2021
Madurai Region, Madurai.
Virudhunagar District.
Virudhunagar District. ... Appellants / Respondents
Vs.
G.Ramar ... Respondent / Writ Petitioner
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 06.02.2020 in W.P.(MD)No.547 of 2020 on the file of this Court.
Prayer in WP(MD). 547/ 2020 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to calling for the records relating to the impugned proceedings dt 25.5.2007 in PR no.68/2007 issued by the Deputy Inspector General of Police,Madurai range, Madurai and quash the same
For Appellants : Mr.R.Baskaran Standing Counsel for Government For Respondent : Mr.N.Dilip Kumar
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.R.Baskaran, learned Standing Counsel for Government appearing for the appellants and Mr.N.Dilip Kumar, learned Counsel appearing for the respondent / writ petitioner.
2.With the consent on either side, the writ appeal itself is taken up for final disposal.
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W.A.[MD]No.1052 of 2021
3.This writ appeal is directed against the order, dated 06.02.2020 passed in W.P.[MD]No.547 of 2020.
4.The learned Single Bench had quashed the disciplinary proceedings initiated against the respondent / writ petitioner, by following the decision of the Division Bench in W.A.(MD) No.908 of 2017, dated 25.09.2019. This writ appeal was also filed by the appellants-department against the order, passed in W.P.(MD) No.9386 of 2016, dated 28.11.2016 filed by Mr.V.S.Elangovan - Head Constable. The facts are identical in both cases and the respondent / writ petitioner was a co-delinquent. Though separate charge proceedings were issued, the allegations were one and the same. Therefore, the reasons assigned by the Division Bench, in its Judgment, dated 25.09.2019, would equally applicable to the case on hand and therefore, we find that there is no error in the order passed by the learned Single Bench, in allowing the writ petition.
5.Accordingly, the writ appeal fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Assistant Registrar (CS-III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
RM/rmi
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Deputy Inspector General of Police, Madurai Region, Madurai.
2.The Superintendent of Police, Virudhunagar, Virudhunagar District.
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W.A.[MD]No.1052 of 2021
3.The Additional Deputy Superintendent of Police (Crime), Office of Superintendent of Police, Virudhunagar, Virudhunagar District.
JUDGMENT MADE IN W.A.[MD]No.1052 of 2021 02.06.2021
KM(14.06.2021) 3P 4C
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2 issues framed by the court
Whether the quashing of disciplinary proceedings initiated against the respondent warrants affirmation or dismissal of the writ appeal.
Whether the Division Bench decision in W.A.(MD) No.908 of 2017 applies to the present facts of co-delinquency.
OFFICERS OF THE POLICE DEPARTMENT
G.RA MAR
T.S.SIVAGNANAM
S.ANANTHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
