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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN
S. Sunil – Appellant
Versus
Senthamarai – Respondent
| Table of Content |
|---|
| 1. summary of orders and appeals filed. (Para 1 , 2 , 3) |
| 2. argument made regarding police procedures and practices. (Para 4 , 6) |
| 3. discussion on compliance with procedural norms. (Para 10 , 12) |
| 4. court’s ruling on suspension unjustified based on prior practices. (Para 16 , 17) |
| 5. final affirmation of appeals being allowed. (Para 18) |
JUDGMENT :
N. SATHISH KUMAR, J.
1. These Letters Patent Appeals are directed against the order of the learned Single Judge directing the Director General of Police, Tamil Nadu to place Mr.Sunil, DSP, under suspension and initiate appropriate disciplinary proceedings against him, and thereafter proceed further in accordance with law and also to file an Action Taken Report along with a compliance affidavit before this Court on or before 05.08.2025 vide order dated 14.07.2025 in Crl.O.P.No.18585 of 2025.
2. LPA.No.41 of 2025 has been filed by the then Deputy Superintendent of Police and LPA.No.42 of 2025 has been filed by the police. The respondent in LPA.No.42 of 2025/defacto complainant is the petitioner in Crl.O.P.No.18585 of 2025.
3. A brief prelude of the factual position would be necessary on which the impugned order came to be passed is as
Adherence to established departmental practices prior to new directives is crucial when determining disciplinary action against public servants in the context of procedural compliance.
In law, an administrative enquiry presupposes enquiry into circumstances in which a public servant has a reason for not acting as expected by provisions of SC/ST Act of 1989 or whether willfully negl....
The duty assigned to the officer in-charge of the concerned police station, as per Rule 81 of the Police Manual, requires more than just forwarding communications to the investigating officer. The co....
Suspension of an elected representative is valid when misconduct is established, with the suspension being justified under relevant statutory provisions, ensuring accountability and public confidence....
Point of Law : Since such a direction takes away the power of the sanctioning authority to take an independent position after applying, its mind upon the material and evidence collected as to whether....
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