Judge r sureskumar j minority case order

[9/17, 07:31] Sekarreporter 1: W.P.(MD) No.11262 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.11262 of 2020
A.Paulraj Pandian … Petitioner
Vs.
1) The Director General of Police,
Kamarajar Salai,
Mylapore,
Chennai 600 004
2) The Commissioner of Police,
Madurai City, Madurai
3) The Deputy Commissioner of Police (L&O)
Madurai City, Madurai. … Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a
Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned
Order passed by the 1 to 3 respondents issued impugned order in RC.No 467041/AP
II(3)/2020 dated 05.06.2020, C.No D1(3)/PR. 147/2014 in CPO No. /181/2019 (Appeal
No.04/2019) dated 30.07.2019 and e/f/vz;/o1-j/g/vz;/147/2014 tpjp 3(b), 02.02.2019
and quash the same and consequently direct the 1 to 3 respondents to calculate the
service seniority and give the monitory benefits from the date of passing the 3rd
Respondent Punishment Order dated 11.02.2019.
For Petitioner : Mr.A.Rajaram
For Respondents : Mr.K.Mu.Muthu,
Additional Government Pleader
******
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[9/17, 07:31] Sekarreporter 1: W.P.(MD) No.11262 of 2020
26. The Code of Conduct imposed on the employee, especially on the members
of the disciplined force is for strict adherence and follow up only to maintain the atmost
integrity, honesty and purity in discharging his public functions and duty. Comparing
with an ordinary citizen, a Government employee, especially a member of the
disciplined services, should be a more legal and moral person, as he or she very often in
their official duty, have to deal with so many sensitive and important issues which
include issues relating to immoral, illegal and unscrupulous persons or members of the
Society.
27. When they confront with such situation every day, unless the member of the
disciplined force exhibit his confidence in the eye of the Society with his atmost
integrity and honesty without any moral turpitude, the Society will loose faith on the
system, particularly in the police force.
28. Therefore, not only on legal basis, but also on moral foundation, a member of
the disciplined force is expected to lead his life with high esteem of moral character in
the eye of the Society.
29. In that view, if the issue presently raised in this writ petition is looked at,
certainly, this Court feels that, the modified punishment awarded against the petitioner
cannot be either said to be on the higher side or not to commensurate with the proven
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[9/17, 07:32] Sekarreporter 1: W.P.(MD) No.11262 of 2020
charges made against him. In fact, the Appellate Authority very leniently and
magnanimously modified the punishment from “compulsory retirement from service” to
“withholding of increment for two years only”. Therefore, the said modified punishment
being only a very meagre punishment that did not require any interference from the first
respondent in the mercy petition.
30. He has accordingly, in fact, rightly rejected the mercy petition through the
impugned order dated 04.12.2014. Hence, the said impugned order also does not
warrant any interference of this Court.
31. For all these reasons stated above, the Writ Petition is liable to be dismissed
and accordingly, the same is dismissed. However, there shall be no order as to costs.
09.09.2020
Index : Yes
Internet : Yes
sts
Note: In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant concerned.
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