1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2011 CORAM THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.11529 of 2011 and M.P(MD)Nos.1 & 2 of 2011 N.Chandrasekaran ... Petitioner Vs. 1. The Commandant, Tamil Nadu Special Police, 1st Battalion, Trichy – 12. 2. The Enquiry Officer/Assistant Commandant-III, Tamil Nadu Special Police, 1st Battalion, Trichy – 12. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the first respondent bearing C.No.E2/PR.20/2011 dated 22.08.2011 and quash the same and consequently direct the second respondent to furnish all the documents to the petitioner mentioned in Annexure-III of charge memo bearing Ta.Pa.No.20/2011 dated 26.07.2011. For Petitioner ..Mr.M.Gnanagurunathan For Respondents 1 AND 2 ..Mr.R.Karthikeyan,Additional Government Pleader ORDER This Writ Petition has been filed by the petitioner to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the first respondent bearing C.No.E2/PR.20/2011 dated 22.08.2011 and quash the same and consequently direct the second respondent to furnish all the documents to the petitioner mentioned in Annexure-III of charge memo bearing Ta.Pa.No.20/2011 dated 26.07.2011. 2. Heard Mr.M.Gnanagurunathan, learned Counsel for the petitioner and Mr.R.Karthikeyan, learned Additional Government Pleader, who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. This Writ Petition has been filed by the Writ Petitioner seeking to quash the proceedings dated 22.08.2011 passed by the respondent No.1 with consequential direction to furnish all the documents to the petitioner mentioned in Annexure-III. 5. The petitioner being the delinquent officer has challenged the appointment of the enquiry officer, who is the second respondent herein, on the ground that one of the charges namely charge No.4 itself pertains to https://hcservices.ecourts.gov.in/hcservices/ 2 the alleged non co-operation of the petitioner in the enquiry conducted by the second respondent. The learned counsel for the petitioner also submitted that the documents relied upon by the respondents and mentioned in Annexure-III have not been given to the petitioner. 6. The learned Additional Government Pleader, on instruction, submitted that the second respondent would be changed and another enquiry officer will be appointed. The learned Additional Government Pleader further submitted that inasmuch as in Annexure-III itself the relevant documents were enclosed that would be given to the petitioner. 7. Considering the above said facts, the Writ Petition is disposed of directing the respondent No.1 to appoint any other enquiry officer other than the second respondent and proceed with the enquiry. The respondent No.1 is also directed to furnish all the documents mentioned in Annexure- III within a period of two weeks from the date of receipt of a copy of this order. 8. The Writ Petition is disposed of, as above. Consequently, the connected Miscellaneous Petitions are closed. No costs. SD VACATION OFFICER / ASST REGISTRAR ( AS ) /TRUE COPY/ SUB ASST REGISTRAR ps/ssl To 1. The Commandant, Tamil Nadu Special Police, 1st Battalion, Trichy – 12. 2. The Enquiry Officer/Assistant Commandant-III, Tamil Nadu Special Police, 1st Battalion, Trichy – 12. DM::2011:OCTOBER:::04:: W.P.(MD)No.11529 of 2011 and M.P(MD)Nos.1 & 2 of 2011 04.10.2011 2p:3c:: https://hcservices.ecourts.gov.in/hcservices/