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D. BHARATHA CHAKRAVARTHY
J. Chenthil Rajan – Appellant
Versus
Additional Chief Secretary to the Government – Respondent
ORDER :
Prayer in W.P.(MD).No.29558 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus by calling for the entire records pertaining to the proceedings of the 1st respondent in G.O.(Ms) No.24 Home (Police.2) Department, dated 23.01.2023 and quash the same insofar as his decision in not to recommend for criminal proceedings in Crime No.07 of 2022 on the file of the 3rd respondent concerned and consequently, direct the 5th respondent to take up the investigation of the said case and to proceed further in accordance with law.
(Prayer amended vide Court order, dated 15.03.2024 in W.M.P.(MD).No. 5911 of 2024 in W.P.(MD).No.29558 of 2023)
Prayer in W.P.(MD).No.29559 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus by calling for the entire records pertaining to the proceedings of the 1st respondent in G.O.(Ms) No.25 Home (Police.2) Department, dated 23.01.2023 and quash the same insofar as his decision in not to recommend for criminal proceedings in Crime No.07 of 2022 on the file of the 3rd respondent concerned and consequently, direct
Government Orders dropping criminal proceedings against police officials were quashed as arbitrary and premature, emphasizing the need for judicial oversight before further action.
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,....
(1) Merely because list of witnesses was not filed alongwith protest petition, it cannot be said that protest petition cannot be treated as a complaint.(2) Fair, just and proper investigation is esse....
The need for prima facie evidence to proceed against the accused and the limited scope of the court's jurisdiction under Section 482 Cr.P.C.
Disciplinary findings must be based on legally admissible evidence; lack of evidence warrants judicial intervention under Article 226.
The court emphasized the importance of following proper procedures in disciplinary actions and criminal prosecutions based on reports and recommendations.
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