IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 18.03.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.11869 of 2006 T.Saravanan ... Petitioner Versus 1.The Superintendent of Police Railways Egmore Chennai- 600 008. 2.The Deputy Superintendent of Police Railways Coimbatore Sub Division Coimbatore. ... Respondents Prayer: This petition has been filed seeking for a writ of Mandamus, to directing the respondents not to proceed with the enquiry in pursuant to the Charge Memo in Charge Memo No.G1/PR/31/2005/u/r.3(b) dated 16.08.2005 without disposing of the criminal case filed against the petitioner pending on the file of Special Court, Coimbatore. For Petitioner : Mr.V.Bharathidasan For Respondents : Mr.R.Thirugnanam (R1 and R2) Special Government Pleader. O R D E R
Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
2. The learned counsel for the petitioner had submitted that a Charge Memo, dated 16.08.2005, had been issued by the first respondent, against the petitioner, alleging that the petitioner had moved out of Jolarpet, which was the head quarters, during the period of his temporary suspension from service.
3.The learned counsel for the petitioner had further contended that since the Criminal case against the petitioner is pending on the file of the Special court, Coimbatore, with regard to certain charges levelled against the petitioner, the disciplinary proceedings against the petitioner, based on the Charge Memo, dated, 16.08.2005, should not be proceeded with.
4. The learned counsel appearing on behalf of the first and the second respondents had submitted that the criminal case pending on the file of the Special Court, Coimbatore, has nothing to do with the Charge Memo, dated 16.08.2005, issued against the petitioner, for leaving the head quarters, without obtaining the necessary permission, during the period of his temporary suspension from service.
5. In view of the submissions made by the learned counsels appearing on either side and on perusal of the records available, this Court is of the considered view that the petitioner has not shown sufficient cause or reason to grant the reliefs, as prayed for by the petitioner, in the present Writ Petition. The petitioner is not in a position to prove that the Charge Memo dated 16.08.2005, issued against the petitioner, is directly connected to the criminal case pending on the file of the Special Court, Coimbatore. The reason for the first respondent to issue the Charge Memo, dated, 16.08.2005, is that the petitioner had left the head quarters, during the period of his temporary suspension, without obtaining the prior permission from the authorities concerned. In such circumstances, this Writ Petition is liable to be dismissed. Hence it is dismissed. No costs.
1.The Superintendent of Police
Chennai- 600 008.
2.The Deputy Superintendent of Police
Coimbatore Sub Division
Writ Petition No.11869 of 2006