2021 Supreme(Mad) 288

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
M. Raju & Others – Appellant
Versus
The Deputy Inspector General of Police Salem Range, Salem – Respondent
Writ Petition Nos. 11376, 11377, 12266, 12267, 12268 12269, 12271, 12627 & 12630 of 2012
Decided On : 25-03-2021

Point of law : Service - Department may not be permitted to proceed further at this length of time especially in the context that, all these nine petitioners have been acquitted in the criminal case, as same set of charges have been tried by the criminal court.

Headnote:

Constitution of India, 1950 – Article 226 – Writ of Certiorari – Petitioners were working as Special Sub Inspector of Police in Prohibition and Excise Wing of the respondent Department – While so, in or about the year 2000, for an alleged occurrence of misuse of official position by allegedly receiving mamool, after seven years a charge memo had been issued in respect of all these petitioners as well as some other similarly placed Special Sub Inspectors of Police, totalling about 21. – Criminal proceedings also were initiated against them. – Initially the criminal case was of the year 2004, subsequently the same were transferred to Special Judge, and renumbered and accordingly it was tried by the said Court. – Petitioners and others had approached this Court by filing a batch of writ petitions in W.P. etc., batch, seeking a prayer from this Court to defer the departmental proceedings, mainly on the ground that on the same set of charges already criminal proceedings were initiated, which were pending trial and therefore, if the departmental proceedings is continued, that will prejudice the interest of the petitioners and others, who were accused in the criminal proceedings on the same set of charges – In those writ petitions, though initially interim stay was granted against the Department not to proceed further against the petitioners, subsequently the said batch of writ petitions came to be disposed of by a learned Judge of this Court by an order – Plea raised by the petitioners and others to defer the departmental proceedings on the ground alleged, was not accepted –

Finding of the Court: Assuming that if the Department is permitted to proceed at this length of time, that would be an empty formality only. Moreover, six out of the nine employees ie., the petitioners have already superannuated long back i.e., seven or eight years ago, but they have not been permitted to retire and consequently no retirement benefits have been conferred to them – Court feels that, the Department may not be permitted to proceed further at this length of time especially in the context that, all these nine petitioners have been acquitted in the criminal case, as same set of charges have been tried by the criminal court. – Impugned orders in these writ petitions are hereby quashed. Consequently, the respondents shall pass necessary orders with regard to the service benefits due to these petitioners. – However, it is made clear that, insofar as the service benefits to be conferred on the petitioners, all those benefits shall only be given as notional benefits. – Such benefits shall be considered as continuity of service or length of service for the purpose of consequential relief and based of which, in respect of all the six petitioners, who have superannuated, they shall be permitted to retire from service on the date of superannuation and consequently, their retiral and pensionary benefits shall be calculated and disbursed. – In respect of the other three petitioners, who are still in service, the necessary continuity of service shall be conferred on them and after conferring the same, if at all the petitioners are eligible to get any promotional avenues, that also shall be explored and conferred on them, if those petitioners are otherwise qualified to get the same. – Even in that case, if at all any promotional avenue is conferred on the remaining three petitioners, who are in service, those promotional benefits shall also be on notional basis except the remaining years of service, wherein if the remaining three petitioners are posted in the promoted post and they work, they shall be entitled to get all the benefits as if they have been working from the date of promotion. – It is made clear that, by virtue of the orders passed by the judicial forum or otherwise, since these petitioners have been reinstated and had been working as Special Sub Inspector of Police till date, the said services for which whatever emoluments they have been entitled and already received by them, shall not be disturbed. –

Result: Writ Petitions Disposed of