1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8128 of 2011 V.S.Ilangovan, Head Constable, Pandhalkudi Police Station, Virudhunagar District. : Petitioner Vs. 1.Deputy Inspector General of Police, Madurai Region,Madurai. 2.The Superintendent of Police, Virudhunagar, Virudhunagar District. 3.Additional Deputy Superintendent of Police (Crime), In the office of Superintendent of Police, Virudhunagar, Virudhunagar District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the second respondent to conclude the departmental proceedings initiated in pursuance of the charge memo issued by the first respondent in his proceedings in Tha.Pa.No.69/2007, dated 25.05.2007. For Petitioner : Mr.M.Ajmal Khan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader O R D E R It is the case of the petitioner that the disciplinary proceedings were initiated against him vide charge memo dated 25.05.2007 under Rule 3(b) of the Tamil Nadu Police Subordinate Service Rules, 1955 alleging that the petitioner had beaten one Mr.Ganesan, Captain of the Indian Army with stick and thin iron rod causing serious injury to him. Pursuant to the charge memorandum, the petitioner submitted an explanation refuting the allegation made against him and a criminal case registered against him in C.C.No.13 of 2009 on the file of the learned Chief Judicial Magistrate, Srivilliputhur is still pending. An Enquiry Officer has also been appointed. It is the further submission of the petitioner that Thiru.Ganesan, based on whose complaint the disciplinary proceedings were initiated, is not inclined to pursue the departmental proceedings and, therefore, he had withdrawn the complaint in respect of the disciplinary proceedings, without prejudice to the criminal action initiated against the petitioner. In the above said circumstances, the petitioner has contended that protracting the https://hcservices.ecourts.gov.in/hcservices/ 2 disciplinary proceedings for an indefinite period would cause hardship to him. Hence, he has prayed for a Mandamus, directing the Superintendent of Police, Virudhunagar, Virudhunagar District, the second respondent herein to conclude the departmental proceedings initiated against the petitioner, within a specified time frame. 2. Material on record shows that the charges are initiated against the petitioner under Rule 3(b) of the Tamil Nadu Police Subordinate Service Rules, 1955. Annexure 3 is the list of documents and about 37 documents are sought to be marked as departmental exhibits. Annexure 4 is the list of witnesses and about 34 witnesses are sought to be examined as departmental witnesses. Though the learned counsel for the petitioner has submitted that Thiru.Ganesan, the alleged victim is not interested in pursuing the departmental proceedings, no material has been placed before this Court. 3. Since the petitioner himself has volunteered to participate in the enquiry and he wants only an early disposal of the same, a direction is issued to the Superintendent of Police, Virudhunagar, Virudhunagar District, the second respondent herein to expedite the disposal of the disciplinary proceedings and pass appropriate orders on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order. 4. The Writ Petition stands disposed of in the above terms. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Deputy Inspector General of Police, Madurai Region,Madurai. 2.The Superintendent of Police, Virudhunagar, Virudhunagar District. 3.The Additional Deputy Superintendent of Police (Crime), In the office of Superintendent of Police, Virudhunagar, Virudhunagar District. +1cc to Mr.M.Ajmal Khan, Advocate, Sr.No.24294 +one cc to Special Government Pleader, Sr.No. 24127 ORDER MADE IN W.P.(MD).No.8128 of 2011 SML SMA/28.7.2011/6C/2P 21.07.2011 https://hcservices.ecourts.gov.in/hcservices/