This writ petition challenged the dismissal of a Home Guard petitioner for misconduct involving a fake interview and identity claims. The High Court found the dismissal order free of infirmity and dismissed the petition.
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.P.No.21648 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.21648 of 2021
N.Ranjith Kumar ... Petitioner
Vs.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd
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W.P.No.21648 of 2021
respondent and quash the order in R.C.No.A1/0649/DCD & HG/2021 dated 05.04.2021 and directing respondents reinstate the petitioner and provide compensation for the mental agony caused to the petitioner by the respondents, and promote the petitioner for designated posting (Assistant Platoon Commander).
For Petitioner : Mr.M.Sathya Kumar
For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader
O R D E R
This Writ Petition has been filed for quashment of the impugned order dated 05.04.2021 passed by the second respondent in R.C.No.A1/0649/DCD & HG/2021 and consequently, to direct the respondents to reinstate the petitioner and provide compensation for the mental agony caused to the petitioner by the respondents and promote him to the designated posting as Assistant Platoon Commander.
materials available on record.
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a Home Guard in Chennai, he was dismissed from service by an order dated 05.03.2021. The charge was framed under Rule 12 of the Tamil Nadu Home Guard Rules, 1963 alleging that the petitioner misrepresented himself as a CBI Officer and Police Officer and gave an interview to New 18 Channel without informing the authorities. He also published the interview on WhatsApp, thereby violating the Conduct Rules of the Home Guard. Against the order of dismissal from service, the petitioner filed an appeal before the second respondent, however, the same was rejected by an impugned order dated 05.04.2021. Hence, this Writ Petition.
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respondents submitted that the petitioner gave an interview to News 18 TV channel making baseless and motivated allegations against the higher officers of the Home Guard. The petitioner also released photos on WhatsApp posing as a CBI Officer and Police Constable by creating a fake ID card as "Ranjith CBI Officer" and also released photo as if speaking on a walkie-talkie. The petitioner's activities allegedly tarnished the image of the Home Guard Force, therefore, he was dismissed from service. Hence, he prayed to dismiss the writ petition.
05.12.2024
mac Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No
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W.P.No.21648 of 2021
To
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W.P.No.21648 of 2021
VIVEK KUMAR SINGH, J.
mac
W.P.No.21648 of 2021
05.12.2024
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2 issues framed by the court
Whether the impugned order dismissing the petitioner from service as a Home Guard for misconduct requires quashing.
Whether the petitioner is entitled to reinstatement and promotion under Article 226.
2 provisions across 2 enactments
N.Ranjith Kumar
The Commissioner of Police, Chennai City
The Additional Director General of Police/Director of Civil Defence
The Area Commander, East Zone
The Area Commander, Home Guards, Kotturpuram
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
