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2023 Supreme(Online)(MAD) 3725

IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 19.01.2023 DELIVERED ON : 30.01.2023 CORAM THE HONOURABLE MS.JUSTICE V.M.VELUMANI and T HE HONOURABLE M RS.JUSTICE R.HEMALATHA W.P.Nos.4213 & 4260 of 2020 and W.M.P.Nos.23027, 23031, 4980, 4981, 5033, 5034, 5035 & 4979 of 2020, 6504 & 6501 of 2021 G.Venkatachalapathy .... Petitioner in W.P.No.4213 of 2020 S.Saravanan .... Petitioner in W.P.No.4260 of 2020 Vs.

1.Union of India, rep. by Chief Secretary to Government, Government of Puducherry, Chief Secretariat, Puducherry.

2.The Director General of Police, Government of Puducherry, Puducherry.

3.The Registrar, Central Administrative Tribunal, Madras Bench, High Court Building, Chennai - 104 ... Respondents in both WPs COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the concerned record relating to the order of Central Administrative Tribunal, Madras Bench, dated 06/02/2020 in O.A.Nos.581 & 579 of 2019 filed by the petitioners and quash the same and consequently to direct the respondents 1 and 2 to reinstate the petitioners in service by treating the period during which the petitioners was out of employment as duty for all purpose with all monetary benefits including promotion on par with his juniors and arrears of salary and other benefits. In both WPs For Petitioner : Mr. M. Gnanasekar For R1 & R2 : Mr. R. Syed Mustafa Special Government Pleader (Puducherry)

R3 : Tribunal

COMMON ORDER

( R.HEMALATHA, J.)

Challenging the orders passed by the Central Administrative Tribunal, Madras Bench in O.A.Nos. 579 & 581 of 2019, the present petitions are filed by the petitioners to issue a Writ of Certiorarified Madamus calling for the records relating to the orders dated 06.02.2020 in the aforesaid O.As and quash the same and consequently, direct the respondents 1 & 2 to reinstate the petitioners in service by treating the period during which the petitioners were out of employment, as duty for all practical purposes including monetary benefits and promotion at par with their juniors.

2. The petitioners were working as Sub Inspectors of Police, Villianur Police Station, Puducherry. On the allegations of demand of bribe by the petitioners made by one Palani @ Vaidhyanathan, who is a resident of Ananthapuram, Ariyur, Puducherry, a case in Crime No.RC MA1-2010-A-0029 dated 19.07.2010 was registered by the CBI/ACB/ Chennai, and a trap was laid, in which one of the petitioners was caught red handed. They were arrested on 19.07.2010 and were subsequently released on bail by the Special Court, Puducherry on 04.08.2010. Consequent upon their arrest they were deemed to have been suspended from service with effect from 20.07.2010. After concluding investigation a final report was filed against the present petitioners in Special Calendar Case No.15/2010 before the Special Court, Puducherry. After full trial they were convicted by the Special Judge on 16.07.2014. Thereafter, they filed Criminal appeals in Crl.A. Nos.389 & 392/2014 before this Court wherein a Single Judge of this Court acquitted them of all the offences of which they were charged vide orders dated 12.04.2018.

2.1. According to the petitioners, after their conviction in Special CC.No.15/2010 they were dismissed from service on 29.07.2016. However, the acquittal by a Single Judge of this Court on 12.04.2018 was not taken into consideration by the second respondent and their representation dated 03.05.2018 for reinstatement in service and for treating the period of absence as time spent on duty for all purposes was kept pending by the concerned department. Therefore, they were forced to file O.A.Nos.789 & 790/2018 before the Central Administrative Tribunal, Madras Bench which in turn disposed of both the O.As directing the present respondents to consider the representation of the writ petitioners dated 03.05.2018 and pass a speaking order.

2.2. Pursuant to the said order of the Tribunal, the second respondent by memorandum dated 22.06.2018, rejected the representation of the petitioners dated 03.05.2018. Thereafter, they filed O.A.Nos.1003 & 1000/2018 before the Central Administrative Tribunal, Madras Bench and the Tribunal vide orders dated 03.08.2018 directed the respondents to consider the request of the applicants for reinstatement in the light of the acquittal made by this Court. However, according to the petitioners their representations were rejected by the first respondent vide orders dated 07.01.2019.

2.3. Subsequently, the second respondent passed an order dated

11.03.2019 setting aside the order of dismissal and it was decided to conduct a regular enquiry against the petitioners under Pondicherry Police Subordinate Services (Discipline & Appeal) Rules, 1968 and CCS (CCA) Rules, 1964. Accordingly a charge memo dated 05.04.2019 was also issued.

2.4. Challenging the orders dated 07.01.2019 and 11.03.2019 both the writ petitioners filed O.A. No.s 145 & 148/19 and 474 and 475/19 respectively. They also filed O.A. Nos 579 & 589/19 to set aside the charge memos dated 05.04.2019 issued by the second respondent and to reinstate them into service treating the period during which they were out of employment as duty period with all monetary benefits.

2.5. The Central Administrative Tribunal, Madras Bench vide orders dated 06.02.2020 dismissed all the OAs filed by the present writ petitioners, challenging which the present writ petitions are filed by the petitioner

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