IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.01.2026 CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P. No.55498 of 2025 S.Sivaganesh Petitioner Vs

1. The Secretary to Government Home(Police VI),Department, Secretariat, Chennai -600 009.

2.The Director General of Prisons and Correctional Services, HO TNPCS Director General of Prisons TNPCS, Egmore, Chennai -600 008.

3.The Deputy Inspector General of Prison, Vellore Range, Vellore.

4.The Superintendent of Prison, Vellore CP SO, TNPCS. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus, calling for the records, relating to the orders dated 16.04.2025 of the 2^nd respondent (2) Pro. R.O.-VLR/655/2024-

(CAMP(A) dated 22.10.2024 of the 3^rd respondent respondent and (3) Pro.No. 555/Po.1/2023 dated 02.08.2024 of the 4^th respondent to quash the same and to issue consequential directions to the respondents to reinstate the Petitioner in service within a limited time frame, with consequential benefits For Petitioner : Mr. Balan Haridhas For Respondents: Mr.P. Ganesan Additional Government Pleader

ORDER

This writ petition has been filed to call for the records, relating to the orders dated 16.04.2025 of the 2^nd respondent; ii) Pro. R.O.-VLR/655/2024- (CAMP(A) dated 22.10.2024 of the 3^rd respondent and iii) Pro.No. 555/Po.1/2023 dated 02.08.2024 of the 4^th respondent to quash the same and to issue consequential directions to the respondents to reinstate the petitioner in service within a time frame with consequential benefits.

2. It is the case of the petitioner that he was appointed as Police Constable Grade–II (Warden Grade–II) in the Department of Prisons and Correctional Services on 17.01.2013 and completed training on 16.07.2013. He was posted at Sub Jail, Thirukovilur and later transferred to Central Prison, Vellore. While so, due to his health conditions, he could not attend duty from 15.06.2023 to 16.08.2023. Thereafter, a charge memo dated 16.08.2023 was issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules alleging unauthorised absence.

3. After due enquiry, the Enquiry Officer held the charge as proved.

Based on the said report of the Enquiry Officer, the 4^th respondent imposed the extreme punishment of dismissal from service on 02.08.2024, which came to be confirmed in appeal and revision, vide orders dated 22.10.2024 and 16.04.2025 by the respondents 2 and 3 respectively. Challenging the aforesaid orders, this writ petition has been filed.

4. Learned counsel for the petitioner submitted that the absence of the petitioner at that relevant point of time was due to bona fide medical reasons and the same was supported by treatment records. He fairly submitted that though the petitioner had earlier punishments, in all previous instances the major punishments were modified into minor punishments by the appellate authority. By relying a Circular issued by the Director General of Police dated 06.12.2007, he submitted that the said Circular discourages dismissal solely on the ground of desertion/unauthorised absence when explanation is forthcoming.

5. Learned counsel drew the attention of this Court to a judgment of the Hon’ble Division Bench, dated 08.06.2023 in W.A. No.1848 of 2022 in the case of The Director General of Police vs. S. Velu, wherein it was held that delinquent officials were permitted to submit an undertaking and the matter was reconsidered. Therefore, he submitted that this Court may direct the petitioner to submit an affidavit of undertaking before the respondnets so as to enable him to safeguard his job. On the aforesaid score, he prayed for quashment of impugned orders issued by the respondents 2 to 4, dated 02.08.2024, 22.10.2024 and 16.04.2025 respectively.

6. Learned Additional Government Pleader appearing for the respondents submitted that the petitioner is a chronic absentee and had suffered seven punishments, with one more disciplinary proceedin