IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

and W.M.P.No.43241 of 2024

Thambidurai … Petitioner

-Vs-

1. The Director General of Police,

Dr.Radhakrishnan Salai,

Mylapore, Chennai – 600 004.

2. The Deputy Inspector General of Police,

Salem Range, Salem.

3. The Superintendent of Police,

Dharmapuri District.

4. The Additional Chief Secretary to Government,

Home Police(VI) Department,

Secretariat, Fort St. George,

Chennai – 600 009.

(R4 impleaded as per the

order dated 13.11.2025 made

in W.M.P.No.11022 of 2025

in W.P.No.39927 of 2024) ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent in connection with the impugned order issued by the respondents in 1-4 in Rc.No.4174664/AP.2(2)/2023 dated 09.05.2023, C.No.B2/207/4170/

2022 Appeal No.39/B2/2022 dated 02.12.2022 and PR.No.H.1/21/2022 Sec. u/3(b) dated 30.09.2022 and Letter (D) No.1233/Pol.VI/2023 dated 17.10.2024 respectively and quash the same and further direct the respondents to reinstate the petitioner into service. (Prayer amended as per the order dated 13.11.2025 made in W.M.P.No.11023 of 2025 in W.P.No.39927 of 2024)

For Petitioner : Mr.R.Abdur Rahman For M/s. Dhineshkumar Associates For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

This writ petition has been filed challenging the orders dated

30.09.2022, 02.12.2022, 09.05.2023 & 17.10.2024 passed by the respondents thereby removing the petitioner from service and also the confirmed by the appellate authority.

2. The petitioner was appointed as Grade II Police Constable in the year 2006. While he was working in battalion force, he was transferred to Hogenakkal Police Station and he was relieved from the force on 13.10.2021. However, he was unable to report the duty due to his illness. Therefore he was declared as deserter on 21.02.2022. Subsequently, he was served with charge memo under Rule 3(b) of the Tamilnadu Police Subordinate Service (Disciplinary and Appeal) Rules and he was awarded with punishment of stoppage of increment for a period of two years without cumulative effect by an order dated 09.05.2022. Even then, the petitioner could not able to join duty, since he felt in sick. Therefore, the petitioner was served with another charge memo dated 18.07.2022. The petitioner had submitted his explanation explaining his family problem and also health ailments. However, the enquiry officer concluded the enquiry that all the charges were proved and the third respondent passed final order thereby imposed punishment of removal of service on 30.09.2022. Aggrieved by the same, the petitioner preferred an appeal before second respondent and the same was also dismissed by an order dated 02.12.2022. The said order was also challenged by way of review before the first respondent and the same was also rejected by an order dated 09.05.2023. Subsequently, the petitioner filed mercy petition and the same was also rejected. Hence, the petitioner filed the present Writ Petition with the above prayer.

3. Heard, the learned counsel appearing appearing on either side and perused the materials placed before this Court.

4. The charge of desertion does not carry for capital punishment as per the circular issued by the Director General of Police dated 06.12.2007. In the said circular, it was stated that while disposing the review or mercy petition of the subordinate police personnel, the Superintendents of Police are still in the habit of awarding maximum penalty of dismissal or removal from service in desertion cases after taking them for duty. This action is unfair, cannot be justified and consequently cannot be accepted. The said circular was issued on the dictum laid down by the Hon’ble Supreme Court of India in several cases. Therefore, the punishment imposed on the petitioner is disproportionate to the charges.

5. On the issue of disproportiona