BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.KALAIMATHI W.A.(MD)No.601 of 2021 R.Senthilnathan ... Petitioner / Appellant Vs.

1. The Director General of Police, Tamil Nadu, Chennai -4.

2. The Additional Director General of Police(Law& Order), Tamil Nadu, Chennai.

3. The Commissioner of Police, Tirunelveli City. ... Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to call for the entire records pertaining to the order passed by this Court in W.P.(MD)No.12969 of 2014 vide order dated 01.02.2021 and set aside the same.

For Appellant : Mr.Sarath Chandran For Respondents : Mr.S.S.Madhavan, Additional Government Pleader.

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J U D G M E N T

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) The unsuccessful writ petitioner is on appeal before us. The appellant joined service as Sub Inspector of Police in the year 1999. In March 2006, when he was working at Palayamkottai police station in Tirunelveli City, a police team was formed to investigate Crime No.331 of 2006. The said team set out on their investigation on 24.03.2006. They returned only on 27.03.2006. It appears that the team stayed in a private lodge. The team comprised one police head constable by name Gnana Sekara Pandian and police constables by name Sivaraman and Krishnasamy. Sivaraman as well as Gnana Sekara Pandian had consumed liquor. Sivaraman who was in a drunken condition, outraged the modesty of a woman constable by name P. This enraged Gnana Sekara Pandian who assaulted Sivaraman. Sivaraman suffered injury and was rushed to hospital and he died subsequently. In this regard, Crime No.349 of 2006 was registered on the file of Palayamkottai police station for the offence under Section 174 Cr.P.C. and subsequently the same was altered into Sections 302 and 201 IPC. The appellant was charged only for the offence under Section 201 IPC. The case was tried by the Additional Sessions Judge, Tirunelveli in S.C.No.23 of 2007. The appellant as well as the other accused were acquitted by the trial Court. The judgment of acquittal has become final.

2.Parallelly, charge memo dated 06.10.2006 was issued. It contained the following five articles of charge. They read as follows:-

“(i) That the petitioner was guilty of committing the murder of a police constable by name Sivaraman, while both of them had gone as a team to apprehend the accused in Crime No.327 of 2006 on the file of Palayamkottai police station for the offence under Section 302 IPC.

(ii) That by his conduct in consuming liquor in the terrace of a complex by name Parvathi Sankar Complex at Vannarpet belonging to a private person and behaved in a manner causing harm to the reputation of the Department;

(iii) That he indulged in a quarrel with other police constable over the conduct and character of another woman police constable by name Prabha;

(iv) That he along with another police constable by name Gnanasekhara Pandian caused the death of Head Constable;

(v) That he was guilty of suppressing the incident and not informing the same to the Higher Officials.”

3.The petitioner offered his explanation. An enquiry officer was appointed. The enquiry officer rendered a finding that charges 1 to 4 were not established and Charge No.5 was proved. After getting the petitioner's further representation, the disciplinary authority namely, the Commissioner of Police, Tirunelveli City imposed the punishment of reduction in time scale of pay by two stages for one year and it directed postponing his future increments vide order dated 03.11.2008. The Director General of Police, Chennai exercised his power of suo motu revision. After getting the appellant's explanation on 22.03.2009, he imposed the punishment of compulsory retirement vide order dated 07.07.2009. This was put to challenge by the appellant in W.P.No.14758 of 2009. The writ petition was allowed vide order dated 28.03.2013 in the following terms:-

“11. Pa