SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

N.Duraisingam vs The Commissioner Of Police on 8 October, 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08-10-2018
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM

W.P.No. 18799 of 2016
W.M.P.No. 16417 of 2016

N.Duraisingam … Petitioner

Vs

1. The Commissioner of Police,
Coimbatore City,
Coimbatore.

2. The Assistant Commissioner of Police,
Law and Order (West)
Coimbatore City,
Coimbatore. … Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to defer all further proceedings in relating to the charge memo issued C.No.F1/PR-04/2016, u/r 3 (b) dated 23.02.2016 on the file of the 2nd respondent pending criminal proceedings in Crime No. 05 of 2015 on the file of All Women Police Station (Central), Coimbatore.

For Petitioner : Mr.A.Tamilarasan
For Respondent : Mr.R.S.Selvam,
Government Advocate

O R D E R

The Charge memo dated 23.02.2016 is under challenge in this writ petition. The Writ petitioner joined as Police Constable on 23.12.1985 and he was promoted up to the level of Special Sub Inspector of Police. The wife of the writ petitioner filed a complaint before the All Women Police Station (Central Coimbatore) and the criminal case was registered against the writ petitioner in Crime No.5 of 2015 under Sections 498A, 406 and 506(ii) of Indian Penal Code. Simultaneously, the respondents initiated disciplinary proceedings against the writ petitioner and framed a charge memo in proceeding dated 23.02.2016. The charge against the writ petitioner is as under:-

“i)gpioahsp jdf;F jpUkzkhd ehspypUe;J mjhtJ fle;j 27.06.1994 Mk; Mz;L Kjy; jdJ kidtpia xU ngz;kzp vd;Wk; ghuhky; mbj;J Jd;GWj;jp mtUf;F kd cisr;riyj; vw;gLj;jpaNjhL kl;Lky;yhky; jdJ kidtpia jw;nfhiyf;F Jhz;Lk; tifapy; ele;Jnfhz;lJ kl;Lky;yhky; nraw;if fUkl;ly; %yk; Foe;ij ngw;Wf;nfhs;s gzk; . 2 yl;rk; thq;fp tur;nrhy;yp nfhiy kpul;ly; tpLj;Js;shh.; ,jw;fhf gpioahspapd; kidtp jdJ ngw;Nwhh; trk; ngw;w gzj;jpd; %yk; 21 Mz;Lfs; fopj;J nraw;if fUkl;ly; %yk; gpioahspapd; kidtp nghUl;nry;tp tapw;wpy; xU fU tsh;e;Js;sJ. Mdhy; gpioahspapd; td;kkhd Ngr;rhYk; mjdhy; Vw;gl;l kd cisr;ry; fhuzkhf 21 Mz;Lfs; fopj;J cUthd fU mopa fhuzkhfp cs;shh;. ,r;nrayhdJ gpioahsp jhd; fhty;Jiwapy; gzpGhpfpNwhk; jd;dhy; vJ Ntz;LkhdhYk; nra;ayhk; vd nkj;jdkhf ,Ue;Js;s epiyNa gpioahsp kPJs;s Fw;wr;rhl;lhFk;.

ii) gpioahsp jdJ kidtp nghUl;nry;tpia Foe;ij ghf;fpak; ,y;yhj kyb vd;Wk; tujl;riz Nfl;L Jd;GWj;jp tpthfuj;J gj;jpuj;jpy; ifnaOj;J Nghlr;nrhy;yp kpul;bajhfTk; mt;thW Nghltpy;iynad;why; gpioahspapd; kidtp nghUl;nry;tpapd; fhjpy; tp~k; Cw;wp nfhd;W tpLtjhf kpul;b mjdbg;gilapy; nghUl;nry;tp vd;gth; nfhLj;j Gfhh; njhlh;ghf midj;J kfsph; fhty; epiyak; (kj;jpak;) Fw;w vz; : 05F15 u/s 498(A), 406, 506 (ii) IPC – d;gb tof;F gjpT nra;a fhuzkhfp xOf;fKk; fl;Lg;ghLk; kpf;f fhty;Jiwapd; ew;ngaUf;F fsq;fk; Vw;gLj;Jk; ele;Jnfhz;l xOq;fPdr; nray;”

2. The present writ petition has been filed mainly on the ground that the allegations both in the criminal case as well as in the departmental procedures are one and the same and in the event of allowing the discipline authority to proceed with the charge memo, the right of defence to the writ petitioner would be affected. However, now it is brought to the notice of this Court by the learned counsel for the petitioner that, the criminal case registered against the writ petitioner is disposed of on 25.08.2017.Thus, the respondents are at liberty to proceed against the writ petitioner based on the charge memo framed against him.

3. The Departmental disciplinary proceedings and the criminal proceedings are independent and mere pendency of the criminal case is not a bar for the department to proceed against the Government Employees. If the disciplinary authority is in possession of relevant records and files, then, they are at liberty to proceed with the enquiry as per the rules in force.

4. In the present writ petition, the criminal case has already been disposed of. Thus, there is no bar for the disciplinary authority to proceed against the writ petitioner independently based on merits and on the materials available on record. It is made clear that, even the order of the acquittal in the criminal case will not be a bar for the disciplinary authority to proceed with the disciplinary proceedings and take an independent decision. To convict a person under the criminal law, a high standard of proof is required.

5. However, in respect of the departmental disciplinary proceedings, even the moral turpitude and preponderance of probabilities are sufficient to impose punishment on an employee. Thus, the result in the criminal case will not affect the departmental proceedings initiated against the Government employee. The disciplinary authority is at liberty to decide the enquiry proceedings independently and based on the materials available on record. This being principles to be followed, the respondents shall continue the departmental proceedings based on the charge memo issued and conclude the same at the earliest possible and without causing any undue delay.

6. With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently connected miscellaneous petition is closed.

08.10.2018

Index : Yes
Internet : Yes
Speaking Order
pkn/kmm

To

1. The Commissioner of Police,
Coimbatore City,
Coimbatore.

2. The Assistant Commissioner of Police,
Law and Order (West)
Coimbatore City,
Coimbatore.

S.M.SUBRAMANIAM, J.
pkn/kmm

W.P.No. 18799of 2016
W.M.P.No. 16417 of 2016

08-10-2018

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh