The Single Judge held that Rule 3(b) of the Tamil Nadu Police Subordinate Services Discipline Rules does not empower authorities to reopen an enquiry where charges were held not proved. Consequently, a notice for a fresh oral enquiry was quashed.
Impugned order dated 29.10.2013 and notice dated 17.05.2015 quashed.
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.
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 25.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.NO.15063 OF 2015 AND
M.P.NOS.1 TO 4 OF 2015
N.Suresh
...Petitioner
Vs
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for records of the 1st respondent in P.R.No.54/2013 dated 29.10.2013 and consequently proceedings of the 2nd respondent in NR33 GR100 dated 17.05.2015 and quash the same and further direct the 1st respondent to implement the enquiry report dated 31.12.2014 made in P.R.No.54 of 2013 submitted by the 3rd respondent.
For Petitioner : Mr.K.Venkataramani, Senior Counsel for Mr.S.Mahendran
For Respondents : Mr.C.Selvaraj, Additional Government Pleader
ORDER
With the consent of both the parties, this writ petition is taken up for final disposal.
Sd/-
Assistant Registrar(CS-IX)
//True Copy//
Sub Assistant Registrar
hvk
To
+1cc to Mr.S.Mahendran, Advocate, S.R.No.5051
+1cc to the Government Pleader, S.R.No.4903
W.P.No.15063 of 2015 and M.P.Nos.1 to 4 of 2015
PCH(CO) RLP(08/02/2022)
2 issues framed by the court
Whether Rule 3(b) of Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 empowers authority to reopen a departmental enquiry where charges are already held as not proved.
Validity of a notice calling for a fresh oral enquiry on allegations of illicit intimacy already adjudicated.
N.Suresh
Superintendent of Police, Tiruvallur District
Deputy Superintendent of Police, Social Justice and Human Rights
Deputy Superintendent of Police, Ponneri Sub Division
Deputy Commissioner of Police, Chennai City Armed Reserve
Asst. Commissioner of Police, Chennai City Armed Reserve
M.S.RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
