1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).Nos.830 and 831 of 2011 and M.P.Nos.1 and 1 of 2011 S.Gandhi : Appellant in W.A.(MD).No.830 of 2011/ Petitioner in WP.9274/2011 S.Rajamanickam @ Rajkumar : Appellant in W.A.(MD).No.831 of 2011 / Petitioner in WP.9275/2011 Vs. 1.The Deputy Inspector General of Police, Vellore District, Vellore. 2.The Additional Superintendent of Police, Crime, Vellore District, Vellore. : Respondents in Both Writ Appeals / Respondents in WP.Nos.9274/2011 & 9275/2011 PRAYER: Writ Appeals are filed under Clause 15 of the Letters Patent against the Order dated 18.08.2011 made in W.P.(MD).Nos.9274 and 9275 of 2011 on the file of this Court. Prayer in WP.(MD)No.9274/2011 Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Certiorari to call for the records on the file of the first respondent in connection with the impugned charge memo issued by him in P.R.No.8 of 2009, dated 17.2.2009 and consequential impugned enquiry notice issued by the second respondent in C.No.50/ADSP/CRIME/VLR/2010, dated 4.8.2011 and quash the both as illegal and arbitrary. Prayer in WP.(MD)No.9275/2011 Petition filed under Article 226 of the constitution of India, praying for the issuance of writ of Certiorari to call for the records on the file of the first respondent in connection with the impugned charge memo issued by him in P.R.No.9 of 2009, dated 17.2.2009 and consequential impugned enquiry notice issued by the second respondent in C.No.50/ADSP/CRIME/VLR/2010 dated 4.8.2011 and quash the both as illegal and arbitrary. For Appellants : Mr.G.Thalaimutharasu For Respondents : Mr.K.Mahendran Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] The appellants, who have been Sub – Inspectors of Police, were found to have committed misconduct, in respect of which, criminal cases were also filed by CBCID, Tuticorin and they were arrested and released on bail and kept under suspension. Therefore, by virtue of power conferred under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955, charges were framed against them. In the meantime, the Vigilance and Anti Corruption Department has also filed Criminal Case in Crime No.241 of 2010, on the file of the learned Special District and Sessions Judge, (EC & NDPS Act), Madurai. It was in those circumstances, the appellants have challenged the charge memo on the ground that pending criminal cases, charge should not be proceeded with and also on the ground that there has been an unexplained delay of three years in issuing charge memo. 2. The learned Single Judge, on a careful consideration of the entire facts and circumstances of the case, has found that there has been no delay on the part of the respondents and also found that serious allegations have been made as against the appellants under the provisions of the Prevention of Corruption Act, 1988. 3. In that view of the matter, as held by the learned Single Judge, the appellants have not made out prima facie case to interfere with the charge memo. We do not see any merit in the contention raised by the learned counsel for the appellants that there has been an unexplained delay in filing charge memo and the contention of the learned counsel for the appellants that the criminal cases will be affected, if any final decision is taken in the disciplinary proceedings has no meaning. Law is well settled that a criminal case is independent of the disciplinary proceedings. 4. In such view of the matter, we do not see any reason to interfere with the order of the learned Single Judge, and therefore, the Writ Appeals stand dismissed. However, it is made clear that the criminal case shall be decided independently and any decision can be taken in the disciplinary proceedings pending against the appellants. No costs. Consequently, connected Miscellaneous Petition are also dismissed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Deputy Inspector General of Police, Vellore District, Vellore. 2.The Additional Superintendent of Police, Crime, Vellore District, Vellore. JUDGMENT MADE IN W.A.(MD).Nos.830 and 831 of 2011 NB/SMA/20.9.2011/3C/2P 05.09.2011 https://hcservices.ecourts.gov.in/hcservices/