1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.13548 of 2011 and M.P.(MD)Nos.1 of 2011 Pitchai Sebastian ... Petitioner Vs. The Superintendent of Police, Dindigul District, Dindigul. ... Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertains to the impugned order passed by the respondent vide D.O.800/2011 in C.No.F1/27641/2011 dated 26.08.2011 and quash the same as illegal, consequently direct the respondent to restore the petitioner in service with service continuity. For Petitioner : Mr.K.Balasubramanian For Respondent : Mr.T.R.Janarthanan, Additional Government Pleader. O R D E R The petitioner, aggrieved by the order of suspension dated 26.08.2011, has come to this Court by challenging the same in the present writ petition. 2. The petitioner was implicated in a criminal complaint at the instance of one Periyamuniyandi alleging that he attacked his son with the drunken mood without any cause and thrown him out of the street. The petitioner, on the basis of the complaint, was arrested on 25.08.2011. Subsequently, he was enlarged on bail by the learned Judicial Magistrate, Oddanchatram. Under these circumstances, it was stated that when the petitioner was released on bail on the very same day viz., 25.08.2011, he was not even sent to jail and therefore, the respondent should not have passed the order of suspension invoking under Rule 3 (e) (1) (i) and (ii) of the Tamil Nadu Police Subordinate Service (Disciplinary Authority) Rules 1955. This Court after issue notice called for the relevant files. 3. Today when the matter was taken up, the learned Additional Government Pleader has produced the official files. On perusal of https://hcservices.ecourts.gov.in/hcservices/ 2 the files produced before this Court, the Deputy Superintendent of Police, has given a report on 28.11.2011 to the Superintendent of Police, Dindigul, mentioning that the petitioner was under heavy intoxication at 07.30 p.m. on 24.08.2011 and assaulted one Arumugam, S/o.Periyamuniyandi in public. 4. Therefore, this Court is not inclined to consider the prayer mentioned in the present writ petition. However, as the suspension order has been passed on 26.08.2011 and three months time has been expired by now, liberty is given to the petitioner to move appropriate application before the competent authority, if so advised. It is well open to the respondent to consider the same and pass appropriate orders in accordance with law. 5. With the above said observation, this writ petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. No costs. Sd/- Deputy Registrar(Accts.) /True Copy/ Assistant Registrar To The Superintendent of Police, Dindigul District, Dindigul. +1cc to the Special Govt.Pleader, Sr.No. 42534 vsm ssk/21.12.2011 /3c -2p/- W.P.(MD)No.13548 of 2011 01.12.2011 https://hcservices.ecourts.gov.in/hcservices/