1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Appeal(MD)Nos.152 and 153 of 2011 and M.P.(MD)No.1 of 2011 in WA(MD)Nos.152 & 153 of 2011 C.Veera Thevar : Appellant in WA 152/2011/Petitioner in WP 9649/2009 Chinna Thevar, S/o.Maya Thevar : Appellant in WA 153/2011/Petitioner in WP 9650/2009 Vs. The Superintendent of Police, Dindigul District, Dindigul. : Respondent/Respondent in both WAs & WPs W.A.(MD)No.152/2011: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order of the learned Single Judge, dated 24.09.2010, made in W.P.(MD) No.9649 of 2010. W.A.(MD)No.153/2011: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order of the learned Single Judge, dated 24.09.2010, made in W.P.(MD) No.9650 of 2010. Prayer in W.P.(MD).Nos.9649 & 9650 of 2010: Writ petitions have been preferred under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari to call for the records relating to the charge memo Nos.Ta.Pa.No.42, 41/09 dated 30.06.2009 read with proceedings Nos.C.No.F1/PR 42, 41/2009, dated 11.09.2009 respectively issued by the respondent and to quash the same. For Appellant : Mr.G.R.Swaminathan in both WAs For Respondent : Mr.M.Rajarajan, in both WAs Govt.Advocate. JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR,J] These writ appeals are directed against the common order, dated 24.09.2010, made in W.P.(MD)Nos.9649 and 9650 of 2009, wherein the petitioners have challenged the charge memo Nos.Te.Pa.No.42, 41/09, dated https://hcservices.ecourts.gov.in/hcservices/ 2 30.06.2009, read with proceedings Nos.C.No.F1/PR 42, 41/09, dated 11.09.2009, issued by the respondent. The said challenge was negatived by the learned Single Judge by the common order stating various reasons. 2.The learned counsel for the appellants submitted that the writ appeals may be dismissed by granting liberty to the appellants to raise all the issues raised in the writ petitions during the enquiry to be conducted, pursuant to the charge memo dated 30.06.2009. The appellant in W.A.(MD) No.152 of 2011 has filed an affidavit, dated 05.02.2011, to that effect Paragraph 2 of the said affidavit reads as under: "2.I respectfully state that I filed the above Writ Appeal questioning the common order dated 24-9-2010 passed by the learned Judge in W.P.Nos.5297, 9659 and 9650 of 2009. I have raised two legal issues in the above Writ Appeal namely the delay and discrimination. This Honourable Court may be pleased to dismiss the above Writ Appeal by giving me liberty to raise these issues during enquiry. The enquiry may be concluded without, in any way, being influenced or governed by the common order dated 24-9-2010 passed by the Learned Judge in W.P.No.5297, 9649 and 9650 of 2009." Learned counsel for the appellant in W.A.(MD)No.153/2011 submitted that the said writ appeal may also be dismissed on the same line. The said submission made by the learned counsel for the appellants is also recorded. 3.The writ appeals are dismissed in terms of the affidavit filed. The appellants are granted liberty to raise all the issues during the enquiry and also before the disciplinary authority. The Enquiry Officer as well as the Disciplinary Authority shall decide the issues, without reference to the findings given by the learned Single Judge in the writ petitions. No costs Connected M.P.(MD)No.1 of 2011 in both the Writ Appeals are also dismissed. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To: The Superintendent of Police, Dindigul District,Dindigul. +1cc to The Special Govt.Pleader SR.No.4878 JUDGMENT MADE IN W.A.(MD) Nos.152 & 153 of 2011 & M.P.(MD)No.1 of 2011 W.A.(MD) Nos.152 & 153 of 2011 Dated:07.02.2011 gb PA/24.02.2011/2P/3C https://hcservices.ecourts.gov.in/hcservices/