IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2026 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE P. DHANABAL WA Nos. 117 of 2026 and 3382 of 2025

1. The Superintendent of police, Nagapattinam District, Nagapattinam.

Now at Mayiladuthurai District, Mayliaduthurai.

2. The Deputy Inspector General of Police Thanjavur Range, Thanjavur ..Appellant(s) common in both Writ Appeals Vs K.Selvaraj S/o. Kandaswamy, Formerly Head Constable 1468, Vaipedu Police Station, Vedaranyam Sub-Division, Nagapattinam District.

..Respondent(s) common I in both Writ Appeals COMMON PRAYER: These Writ Appeals have been filed under Clause 15 of the Letters Patent praying to set aside the order dated 30.10.2024 made in W.P.No.9303 of 2020 and W.P. No.2751 of 2020 and to allow this Writ Appeal and thus render justice.

For Appellant(s): Mr. P. Kumaresan, Additional Advocate General Assisted by MR. S. Yashwanth, Additional Government Pleader.

For Respondent(s): Mr.S.R.Sankareshwaran.

COMMON JUDGMENT

(Judgment of the Court was delivered by P.Dhanabal J.)

These Writ Appeals have been preferred as against the common order passed by the Writ Court in W.P. No.9303 of 2020 and W.P. No.2751 of 2020 dated 30.10.2024. The respondent herein, before the Writ Court, filed Writ petitions to issue Writ of Certiorarified Mandamus calling for the records of the 1^st respondent in connection with the impugned order passed by him in Ref. No.K1/PR No.25/2018 dated 25.10.2019 and the records of the 2^nd respondent dated 14.01.2020 in Na. Ka No.B2/AP.55/2019 and to quash the same and to direct the 2^nd respondent to dispose the appeal pending with him within a stipulated time fixed by this Court. The Writ Court allowed the Writ petitions and quashed the impugned Show Cause Notice and directed the 1^st respondent to reinstate the Writ petitioner with continuity of service with backwages.

Aggrieved by the said order, the present Writ appeals have been preferred.

2. The short facts necessary to dispose of this Writ appeals are as follows:-

The respondent herein, who is the Writ petitioner, was initially appointed as Grade-II Police Constable on 01.11.1995 and thereafter, he was upgraded as Head Constable in the year 2011. While the Writ petitioner was in service, at Voimedu Police Station, Nagapattinam District, he availed casual leave on 24.06.2018 and went to his native place and engaged one minor Sanjay as ‘driver’ for an illegal transportation of 2 units of sand, which was kept in the backside of his house, in a Tipper attached to a Tractor bearing Registration No.TN51 DU 0672, which was registered in the name of the wife of the Writ petitioner. Thereafter, a criminal case was registered against the Writ petitioner in Thiruvengadu Police Station in Cr. No.134 of 2018 and departmental action was also initiated under Rule 3(b) of Tamil Nadu Police Service (Discipline and Appeal) Rules 1955. The Disciplinary Authority after following the procedures, awarded punishment of ‘Compulsory retirement’ from service through an order dated 06.11.2019. As against the said punishment, the Writ petitioner preferred a statutory appeal before the Deputy Inspector General of Police, Thanjavur Range i.e., the 2^nd appellant herein and the same is pending. The appellate authority issued a Show Cause Notice to the Writ petitioner in Rc. No.B.2/AP 55/2019 for enhancement of punishment and the same was acknowledged by the Writ petitioner on 29.01.2020. Thereafter, the Writ petitioner filed the Writ petitions to quash the Show Cause Notice and to direct the Appellate Authority to dispose the appeal within a time stipulated by this Court and the same was allowed on 30.10.2024 by directing the respondents in the Writ petitions to reinstate the Writ petitioner into service and to pay backwages. Aggrieved by the said order, the present Writ appeals have been preferred by the appellants department.

3. The learned Additional Advocate General appearing for the appellants would submit that th