Balaji R v. The Deputy Inspector General of Police

ORDER By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

¶2The petitioner has filed this writ petition to quash the impugned Memo, dated 06.04.2023 with consequential relief to direct the respondents to furnish necessary documents, in order to defend himself in the disciplinary enquiry.

¶3The contention of the petitioner is that, he sought some documents but the respondents have declined to furnish the same. When the petitioner has specifically demanded the copies from the enquiry officer, who is 2nd respondent herein has stated that the copies are available with the 3rd respondent and directed him to get the copies from the 3rd respondent. The relevant portion is extracted here under: "NkYk; jhq;fs; NfhUk; jz;lid gl;bay; Nfhg;gp;y; ,y;yhj fPo;fz;l Mtzq;fis gpioahsuhfpa jhq;fs; tpUJefh; khtl;l fhty; fz;fhzpg;ghsh; mth;fis jhq;fs; mZfp ngw;W nfhs;SkhW ,jd; %yk; Nfl;Lf;nfhs;sg;gLfpwJ."

¶4But the 3rd respondent has stated that the said copies are not available with him and the same is lying in the concerned Magistrate Court. Hence, the 3rd respondent has declined to grant the same.

¶5The petitioner is seeking the following list of documents: List of Documents

¶1Copies of charge-sheet in F.R.Nos.600/2019 to 61/2019 of Sriviliputtur Town PS.

¶2Copies of charge-sheets filed by Sriviliputtur Town PS between,

11.06.2019 and 27.06.2019 before Hon'ble Courts.

¶3General Diary of Sriviliputtur Town PS for the period from 02.03.2019 to 11.06.2019.

¶4Rough Duty Roster for the dates 02.03.2019 to 04.03.2019 and

11.06.2019.

¶6When the Learned Additional Government Pleader was directed to take instructions regarding the availability of the documents, on instructions it was submitted that the 3rd respondent is having the said documents. Accordingly, the 3rd respondent / The Superintendent of Police, Virudhunagar District, Virudhunagar, is directed to furnish the copies of the list of documents, i.e., as stated supra within a period of 2 weeks from today, i.e. on 17.04.2023. The petitioner is directed to submit an explanation based on the list of documents, within a period of 2 weeks, thereafter. The enquiry officer shall fix the date, after receiving the explanation, within a week, thereafter.

¶7The learned counsel appearing for the petitioner submitted that the enquiry date is fixed on 17.04.2023 that is today. Therefore, the enquiry officer is directed to adjourned the enquiry to some other convenient date. It is also directed that the petitioner shall not drag on the proceedings.

¶8With these directions and observations, this Writ Petition is allowed. No Costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No

17.04.2023 Internet : Yes

ksa Note to Office : Issue a copy of order on 18.04.2023 To

1.The Deputy Inspector General of Police, Madurai Range, Madurai.

¶2The Additional Superintendent of Police, Virudhunagar District, Virudhunagar.

¶3The Superintendent of Police, Virudhunagar District, Virudhunagar. S.SRIMATHY, J ksa W.P.(MD)No. 8629 of 2023

17.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2023 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 8629 of 2023 and W.M.P(MD)No.7932 of 2023 R.Balaji ... Petitioner Vs. 1.The Deputy Inspector General of Police, Madurai Range, Madurai. 2. The Additional Superintendent of Police, Virudhunagar District, Virudhunagar. 3. The Superintendent of Police, Virudhunagar District, Virudhunagar. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the Memo, dated 06.04.2023 issued by the 2nd respondent vide Na.Ka.No. 12 / ADSP / CCW /MDU/2023 and to quash the same and to direct the 2nd respondent to furnish the necessary documents to the petitioner to put forth his defence as required by him through his representation, dated 26.03.2023 and thereafter to proceed with the departmental enquiry in the manner known to law and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : M/s.Babu Rajendran For Respondents : Mr.T.Villavan Kothai, Additional Government Pleader