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Full order of THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.6591 of 2021–For Respondents : Mr. N. Ramesh Central Government Senior Counsel for R 1 Mr. Jayaprakash Narayanan, State Government Pleader for R 2 & R 3 Mr. M. Mohamed Muzammil, Government Advocate (Crl. Side) for R 4 & R 5 9.In light of the above prima facie materials available, if it had been applied to a police officer of a subordinate rank, by now the officer would have been suspended in contemplation of initiation of disciplinary proceedings. This will be done to ensure that the delinquent officer does not misuse his official position and the investigation can be carried out in a free and fair manner. This practice gains more significance when it comes to investigation of a crime of a delinquent officer, belonging to the police force. In the present case, A-1 is holding the highest post of Special DGP- Law and Order in Tamil Nadu Police. 10.The respondent thought it fit to place A-2 under suspension considering the gravity of the allegations. The yardstick must be the same irrespective of the position held by the accused person. The fact that this Court has taken upon itself to monitor the investigation in this case shows that it involves public interest, and also the dignity of the police force in the state of Tamil Nadu. Therefore, taking a positive step by suspending A-1, pending the investigation will bring in more confidence in the perception of the general public that the issue has been taken up with all seriousness and the investigation will progress in a free and fair manner. 11.The sentiments expressed by this court in the present order should be given due weightage by the state, and necessary steps shall be taken and reported before this court. 12.The learned State Government Pleader appearing on behalf of the 2nd and 3rd respondents submitted that he is led by Mr. A.L. Somayaji, Senior Special Counsel for State of Tamil Nadu, and that the sentiments expressed by this Court will be considered seriously and the further development will be reported before this Court. The learned Government Pleader also requested the matter to be heard through Video Conferencing. 13.Post this case on 23.03.2021 at 10:30 AM and the case will be heard through Video Conferencing. The subsequent developments in the investigation shall also be informed to this Court by way of filing an additional status report.
by Sekar Reporter · Published March 16, 2021
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by Sekar Reporter · Published November 21, 2020
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14.In light of the discussion as above, the impugned order of assessment fails and this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petitions are closedTHE HONOURABLE DR. JUSTICE ANITA SUMANTH WP.No.12198 of 2019 and WMP.Nos.12470 & 27704 of 2019 White Cliffs Hair Studio Private Ltd. For Petitioner : Mr.Joseph Prabakar For Respondent : Mr.D.Naveen Duraibabu for Mrs. Hema Muralikrishnan O R D E R
by Sekar Reporter · Published August 1, 2022
