2026 Supreme(Online)(Mad) 34198
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice MOHAMMED SHAFFIQ
S.Gurumoorthy – Appellant
Versus
The Director General of Police – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ S.Gurumoorthy HC 31881, V4 Rajamangalam Police Station (Crime) Chennai- 600 099.
..Petitioner(s)
Vs
1. The Director General of Police Mylapore, Chennai- 600 004.
2. The Inspector General of Police Intelligence, Chennai- 600 004.
3. The Additional Superintendent of Police PEW, Vellore District, Vellore.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Certiorarified Mandamus, calling for the records in connection with the Charge Memo in Tha. Pa.No.88 / 2005 dated August 2005 issued by the 3rd Respondent herein and the order of Punishment No. Vellore District PR. No. 88 /05 u/ r 3 (b) C. No. D1. Security Br. / 2433 / 2010 dated 31.01.2012 passed by the 2nd Respondent herein and the Rejection order Rc. No.15595 / AP IV (2) / 2016 dated 12.07.2016 passed by the 1st Respondent herein and another rejection order R.C. No. 78555 / AP 2 (2) / 2017 dated 24.12.2021 passed by the 1st Respondent herein and quash the same and consequently direct the Respondents to extend all service benefits to petitioner.
For Petitioner(s): Dr.R.Sampath Kumar For Respondent(s): MR.V.Jeevagiridharan, Additional Government Pleader
ORDER
The present Writ Petition is filed challenging the impugned order dated
24.12.2021, on the short ground that the first respondent has passed a non speaking order, without assigning any reasons, and thus, the entire proceedings would stand vitiated. It may be relevant to note that this is the second round of litigation, inasmuch as, in the earlier round, this Court vide order dated 12.08.2021, had set aside the order passed by the first respondent and remanded the matter for fresh consideration. However, the impugned order has again been passed without assigning any reasons.
2. It is submitted that petitioner joined the Police Department as a Grade II Constable on 14.04.1997. During August 2005, petitioner was working with the Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) under the control of the Additional Director General of Police. A Charge memo came to be issued under Section 3(b) of the Tamil Nadu Police Subordinate Services (Discipline & Appeal) Rules, 1955 in August 2005 by the Additional Superintendent of Police / third respondent herein, charging petitioner of leaking the question papers for the Departmental Examination conducted for promotion to the post of Sub Inspector of Police. This was followed by an enquiry, which was completed on 20.10.2005. Ultimately, the departmental proceedings ended in an order of punishment on 31.01.2012, passed by the second respondent herein, wherein petitioner was inflicted with the punishment of reduction of timescale of pay by three stages for three years with cumulative effect.
3. Aggrieved by the said order, petitioner preferred an appeal dated
07.05.2012 before the first respondent herein. Since it was kept pending despite repeated reminders, petitioner was constrained to file a Writ Petition in W.P.No.30658 of 2015. This Court, vide order dated 29.09.2015, directed the first respondent to dispose of the appeal within four weeks from the date of receipt of a copy of that order. Thereafter, the Appellate Authority namely the first respondent herein rejected the appeal by order dated 12.07.2016.
4. Aggrieved by the same, petitioner preferred another Writ Petition in W.P.No.2630 of 2017, wherein this Court had set aside the order and remanded the matter back to the first respondent for fresh consideration and also permitted petitioner to file additional grounds of appeal. The relevant portion is extracted hereunder:
“7.In the light of the above observations, the impugned order dated 12.07.2016 passed by the first respondent, is hereby set aside and the matter is remitted back to the first respondent for fresh consideration. The petitioner is at liberty to submit additional grounds of appeal, within 7 days from the date