The Court directed the petitioner to file a representation regarding suspension and directed the respondent to consider it in light of a Full Bench decision, disposing of the writ petition without granting interim relief.
Petitioner directed to make representation; Respondent to consider and pass appropriate orders within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.2364 of 2022
S.A.Thameem ...Petitioner
vs.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for records and quashing the impugned order of suspension dated 16.02.2021 passed by the 2nd respondent vide RC.No.PR/Wz/3559/2021 WZO No.167/2021 suspending the petitioner with effect from 12.02.2021 and consequently direct the respondents to reinstate the petitioner in any nonsensitive post in the rank of Sub-Inspector of Police within time frame.
For Petitioner : Mr.K.Ravi Anantha Padmanaban
For Respondents: Mr.Haja Nazirudeen Additional Advocate General Assisted by Mrs.S.Anitha Special Government Pleader
O R D E R
This writ petition has been filed seeking to issue a Writ of Certiorarified Mandamus, calling for records and quashing the impugned order of suspension dated 16.02.2021 passed by the 2nd respondent vide RC.No.PR/Wz/3559/2021 WZO No.167/2021 suspending the petitioner with effect from 12.02.2021 and consequently, to direct the respondents to reinstate the petitioner in any nonsensitive post in the rank of Sub-Inspector of Police within time frame.
2.According to the petitioner, the petitioner was placed
under suspension by the 2nd respondent by his proceeding in RC.No.PR/Wz/3559/2021 WZO No.167/2021, dated 16.02.2021, for the offence relating to the criminal case in Vigilance and Anti Corruption Crime No.5/2021 under Section 7 of the Prevention of Corruption Act, 1988. Subsequently, he got bail in the aforesaid criminal case. Challenging the aforesaid impugned suspension order, he has filed the present writ petition before this Court.
3.The learned counsel appearing for the petitioner would submit that no departmental proceedings has been initiated by the 2nd respondent/department as against the petitioner and also no charge sheet has been filed. However, without revoking the said suspension order, the petitioner was placed under prolonged suspension by the 2nd respondent, Therefore, he seeks revocation of the said impugned suspension order.
4.The learned Additional Advocate General appearing for the respondents submitted that if any such representation made by the petitioner, the same would be considered by the respondents by taking note of the decision rendered by the Hon'ble Full Bench of this Court in the case of P.Kannan vs. The Commissioner for Municipal Administration, Chennai (W.P.Nos.2165 of 2015 and 21628 of 2018 dated 15.03.2022).
5.In the light of the above submissions made by the parties, this Court is inclined to pass orders as follows:-
disposed of. No costs.
Sd/-
Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
dm
To
W.P.No.2364 of 2022
GP(CO) RGA(21/04/2022)
1 issue framed by the court
Whether a police officer under suspension should be directed to seek revocation via representation when no departmental proceedings are pending.
Colour shows how this judgement treated each authority
P.Kannan vs. The Commissioner for Municipal Administration, ChennaiReferred¶19
P.Kannan vs. The Commissioner for Municipal Administration, Chennai (W.P.Nos.2165 of 2015 and 21628 of 2018 dated 15.03.2022)
1 provisions across 1 enactments
S.A.Thameem
The Commissioner of Police, TSP II Battalion Camp, Avadi Range, Chennai – 600 054
The Joint Commissioner of Police, West Zone, Ambattur, Chennai – 600 053
D.KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
