BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2025 CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.23107 of 2023 and WMP(MD) No.19295 of 2023 J.Anbuprakash ... Petitioner Vs The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli. ...Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the respondent in Tha.Pa.No.22/2023 (Section 3(A)

dated 20.04.2023 and quash the same. For Petitioner : Mr.A.Srinivasan For Respondent : Mr.C.Venkatesh Kumar Special Government Pleader

O R D E R

Challenging the charge memo, dated 20.04.2023 issued as against this petitioner, he has approached this Court in the year

2023.

2.The learned counsel appearing for the petitioner submits that the petitioner, who is working as Inspector of Police in Sivanthipatti Police Station, Tirunelveli District has been issued with a charge memo, dated 20.04.2023, pursuant to the case registered in Crime No.6 of 2018, on the file of the Vigilance and Anti Corruption Department, Nagerkoil, for the offence under Sections 13(2) r/w 13(1)b of the Prevention of Corruption Act, 1988. According to the learned counsel, the above case has been registered for the wealth amazed by the petitioner's wife. The petitioner's wife is a daughter of an estate owner and she is having her own income and therefore, her income cannot be taken into account for registering a criminal case as against this petitioner that he accumulated assets disproportionate to his income. Pursuant to the criminal case, the charge memo has been issued as against the petitioner and therefore, the Department is not supposed to proceed with the disciplinary proceedings as against him.

3. The learned Special Government Pleader appearing for the respondent submits that this petitioner is working as an Inspector of Police in Sivanthipatti Police Station, Tirunelveli. He initially joined the Police Department as a Sub Inspector of Police in the year 1999 and thereafter he was promoted as an Inspector of Police with effect from 2011. When the petitioner was working as Inspector of Police at Kanyakumari District in the year 2018, a case in Crime No, 6 of 2018 has been registered by the Vigilance and Anti Corruption Department, as against this petitioner, for the offence under Sections 13(2) r/w 13(1)(b) of the Prevention of Corruption Act, 1988, on the allegation of disproportionate assets to the known sources of his income. In this regard, the Government, vide G.O.(2D) No.293, Home (Pol.IV) Department, dated 29.11.2021 have directed the Director General of Police/ Head of Police Force to initiate departmental action against the writ petitioner and the Director General of Police/Head of Police Force, vide Memorandum in C.No.140446/Con.V(1)/2018, dated 26.04.2022 has instructed the Superintendent of Police, Kanyakumari District to initiate departmental action under Rule 3(b) of Tamil Nadu Police Subordinate Services (Discipline and Appeals) Rules, 1955 against the writ petitioner. In accordance to the above instructions, the Superintendent of Police, Kanyakumari District has nominated the Deputy Superintendent of Police, Thuckalay Sub Division to conduct a preliminary enquiry against the allegations levelled as against the writ petitioner, with regard to the case registered in Crime no.6 of 2018. The Deputy Superintendent of Police, Thuckalay Sub-Division has submitted his report on 24.12.2022 to the Superintendent of Police, Kanyakumari District, based on which, the Superintendent of Police, Kanyakumari District has framed charges as against this petitioner. By referring to the orders passed in WP(MD)No.14356 of 2019, dated 08.02.2022, the learned Special Government Pleader submits that this Court, while dealing with the similar issue, has issued certain guidelines, which are summarized as under:-

....5.In view of the complex nature of issues raising doubt in the minds of the d