SEKAR REPORTER

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28. In the result, both the impugned orders i.e., orders passed by the Disciplinary Authority, dated 10.03.1999 as well as the Appellate Authority dated 10.08.1999 are hereby quashed. As a sequel, the petitioner shall be entitled to get service benefits which are available to 27/30 W.P. No. 977 of 2007 him under the relevant service rules. Accordingly, this Writ Petition is allowed as indicated above. However, there shall be no order as to cost. 05.01.2021 Index: Yes Speaking Order: Yes vji 28/30. Judge r sureskumar

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W.P. No. 977 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2021
CORAM
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
W.P. No. 977 of 2007
K.Saravana Babu … Petitioner
-vs-
1. Inspector General,
Armed Police, Lotus Garden,
Kilpauk, Chennai – 10.
2. Commandant,
Tamil Nadu Special Police,
VI Battalion,
Madurai.
3. Deputy Inspector General of Police,
Armed Police (M&W),
Tiruchy. … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Certiorarified Mandamus calling
for the records relating to the impugned order passed by the third
respondent in C. No. A2/Appeal 30/99 dated 10.08.1999 quash the same
pass an order reinstating the applicant in service.
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W.P. No. 977 of 2007
For Petitioner : Mr.R.Singgaravelan
Senior Counsel
for M/s.S.F.Mohamed Yousuf
For Respondents : Mr.K.Mahesh
Special Government Pleader

O R D E R
The petitioner herein filed an Original Application in O.A.
No. 4752 of 1999 before the Tamil Nadu Administrative Tribunal,
Chennai Bench, challenging the order of enhanced punishment awarded
by the third respondent, removing the petitioner from service, by order
dated 10.08.1999. The said O.A. stood transferred to this Court, in view
of the abolition of the Administrative Tribunal and accordingly has been
renumbered as W.P. No. 977 of 2007. Therefore, the prayer sought for in
this Writ Petition, as has been couched in the said O.A. is for a
certiorarified mandamus to call for the records relating to the impugned
order passed by the third respondent in C.No.A2/Appeal 30/99 dated
10.08.1999 quash the same and to pass an order reinstating the applicant
i.e., the petitioner herein into service.
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W.P. No. 977 of 2007
aspects have not been considered in proper perspective both by the
Disciplinary Authority as well as the Appellate Authority, as they have
simply presumed that illicit or immoral activity was taken place and
accordingly, they decided to impose the punishment as has been inflicted
in the impugned order.
27. However, this Court after having perused all these materials,
found that, under the judicial scrutiny, the said method adopted by the
Disciplinary Authority as well as the Appellate Authority cannot be
appreciated and if such method adopted now by these authorities are
accepted by this Court and sustained the impugned orders of punishment,
that would lead to disastrous consequence on many issues. Therefore,
this Court having no other option, interfere with the impugned order.
28. In the result, both the impugned orders i.e., orders passed by
the Disciplinary Authority, dated 10.03.1999 as well as the Appellate
Authority dated 10.08.1999 are hereby quashed. As a sequel, the
petitioner shall be entitled to get service benefits which are available to
27/30

W.P. No. 977 of 2007
him under the relevant service rules. Accordingly, this Writ Petition is
allowed as indicated above. However, there shall be no order as to cost.
05.01.2021
Index: Yes
Speaking Order: Yes
vji
28/30

 

 

 

 

 

 

 

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