Madras High Court
R.Sathyamoorthy vs The Chief Director General Of Police on 23 November, 2021
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.3661 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On 29.10.2021
Pronounced On 23.11.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.3661 of 2021
(Through Video Conferencing)
R.Sathyamoorthy ... Petitioner
Vs.
1.The Chief Director General of Police,
Mylapore, Chennai.
2.The Secretary,
Department of Home Affairs,
St. Fort George, Secretariat,
Chennai – 600 001.
3.The Commissioner of Police,
Salem City, Salem.
4.The Superintendent of Police,
Salem District, Salem.
5.Deputy Inspector General of Police,
Salem Range, Salem District. ... Respondents
______________
https://www.mhc.tn.gov.in/judis
Page No 1 of 16
W.P.No.3661 of 2021
Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Certiorari, to call for the entire records connected
with the impugned order in D.O.No.466/2017, C.No.H1/4189/2012 dated
30.06.2017 issued by the fourth respondent and quash the same.
For Petitioner : Mr.M.T.Arunan
Asst. by M/s.M.A.Aruneshe &
M/s.R.Nandhini
For Respondents : Mr.L.S.M.Hasan Fizal, Govt. Adv.
ORDER
This Writ Petition has been filed for issuance of a Writ of Certiorari, to call for the entire records connected with the impugned order in D.O.No.466/2017 – C.No.H1/4189/2012, dated 30.06.2017 issued by the fourth respondent and quash the same.
2. By the impugned order, the petitioner has been placed under suspension. The impugned order states that during the period of suspension, the petitioner will be paid subsistence allowances in terms of FR 53(1) and the petitioner cannot leave the Head Quarters without obtaining prior permission from the competent authority.
3. It is the case of the petitioner that the petitioner was suspended ______________ https://www.mhc.tn.gov.in/judis Page No 2 of 16 W.P.No.3661 of 2021 from service on the date of his superannuation on 30.06.2017 vide impugned suspension order dated 30.06.2017 in respect of the alleged misconduct committed by the petitioner while serving as a Head Constable in Malliakarai Police Station, Salem District.
4. It is submitted that one Mookan alias Murugan died on 10.04.2009 while in Judicial Custody after he was arrested on 01.12.2008 by the Inspector of Police assisted by the petitioner in Crime No.148 of 2008 under Section 395 read with Sections 397 & 302 of IPC.
5. It is further submitted that the accused Murugan (since deceased) was remanded to Judicial Custody and died almost 5 months later in the Salem Central Prison. It is also submitted that inquest report of the Doctors and the finding given by the Judicial Magistrate in Cr.No.4 of 2009 and the report of the Assistant Commissioner of Police confirmed that the death of the accused Murugan (since deceased) was due to natural cause and not on account of any torture or unnatural cause.
6. Appearing on behalf of the respondents, the learned Government ______________ https://www.mhc.tn.gov.in/judis Page No 3 of 16 W.P.No.3661 of 2021 Advocate submits that criminal proceeding has not been concluded and therefore question of granting any relief to the petitioner at this stage will prejudice the respondents and therefore, this Writ Petition was liable to be dismissed.
7. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the investigation report filed by the Assistant Commissioner of Police, ALGSC, Salem City and the inquest report of the Judicial Magistrate No.II, Attur.
8. The petitioner has attained the age of superannuation on 30.06.2017. The criminal proceeding is yet to be completed. The Department has not initiated any departmental proceedings even though the petitioner was placed under suspension from 30.06.2017 in respect of his alleged involvement in the unnatural death of accused Murugan on 10.04.2009.
______________ https://www.mhc.tn.gov.in/judis Page No 4 of 16 W.P.No.3661 of 2021
9. The facts on record indicate that accused Murugan (since deceased) and his accomplices were accused of having committed robbery and had allegedly injured one Arjunan, his wife and daughter on 01.10.2008. Pursuant to a private complaint was filed by the said Arjunan, the case was investigated by Inspector Selvaraj who was later transferred. Thereafter, the investigation was continued by Inspector of Police R.Suresh Kumar along with the petitioner and other police constables and Sub Inspector of Police. Meanwhile, the defacto complainant Arjunan died in the hospital and the case was changed under Sections 394, 397 and 302 of IPC.
10. The facts also indicate that a special police force was constituted by the Judicial Magistrate No.II, Attur, in which, the Inspector R.Suresh Kumar, one Sugavanam, the petitioner, R.Prabakaran and D.Mani were included. The said special police force found that the said accused Murugan (since deceased) and his accomplices were moving in a suspicious manner. They concluded that the accused was required in connection with the alleged theft/robbery committed on 01.10.2008 by him and arrested the deceased Murugan and his accomplices at 7.00 p.m ______________ https://www.mhc.tn.gov.in/judis Page No 5 of 16 W.P.No.3661 of 2021 on 30.11.2008. The accused Murugan and his accomplices were subsequently produced before the Judicial Magistrate at 01.12.2008 and remanded to judicial custody.
11. It appears that the accused Murugan had allegedly suffered injuries when the petitioner and the other police officers attempted to over power and attempted to stop them from escaping before remanding them to the judicial custody. The facts on record indicate that the accused Murugan was undergoing treatment in the Salem Central Prison Hospital and as his health deteriorated, he was later shifted to Government Mohan Kumaramangalam Medical College Hospital, Salem on 08.04.2009, where, he died on 10.04.2009 due to natural cause.
12. The facts also indicate that as per the Police Standing Order No.151, an investigation has been conducted by Revenue Divisional Officer, Salem and as per the said enquiry report, it was found that the delinquents, namely, R.Suresh Kumar, Inspector of Police, Sugavanam, Sub Inspector of Police, the petitioner who was the Head Constable, Prabakaran, Head Constable, Mani, Grade I Police Constable and ______________ https://www.mhc.tn.gov.in/judis Page No 6 of 16 W.P.No.3661 of 2021 Rajamanohar, Deputy Jailor had resorted to physical violence on the deceased Murugan. This may perhaps indicates that the concerned Judicial Magistrate who remanded the accused to judicial custody had not examined the Accused when he was produced.
13. Thereafter, the departmental proceedings were ordered to be initiated against the petitioner and other officers in terms of G.O.Ms.No.1115, Public (Law and Order-A) Department, dated 23.11.2011. Simultaneously, the District Collector, Salem District was asked to initiate criminal proceeding against the petitioner and other officers.
14. In the counter affidavit, the fourth respondent has stated that the petitioner has not been allowed to retire as there was a pendency of issue of final order with regard to the enquiry into the death of the accused Murugan and therefore the impugned suspension order dated 30.06.2017 was legal and in pursuance of the orders in force.
15. It is not clear from the counter affidavit filed by the fourth ______________ https://www.mhc.tn.gov.in/judis Page No 7 of 16 W.P.No.3661 of 2021 respondent as to whether disciplinary proceedings initiated against the petitioner and the other officers have progressed. It was also not clear as to whether the disciplinary proceedings initiated against the petitioner and the other officers have been proceeded further in terms of G.O.Ms.No.1115, Public (Law and Order-A) Department, dated 23.11.2011.
16. The criminal complaint was filed against the petitioner and the other Co-Accused in Crime No.4 of 2009 and pursuant to the direction of the District Collector, Salem District, an investigation was conducted by the Sub-Divisional Executive Magistrate cum Revenue Divisional Officer, Salem District. After a report was filed by the said investigating officer appointed by the District Collector, Salem District, a Government Order dated 23.11.2011 was issued to take Departmental Action and Criminal Action which was later quashed by this Court by its order dated 21.04.2015 in Crl.O.P.No.29898 of 2015, content of which has been extracted above.
17. One of the Co-Accused, namely R.Suresh Kumar had earlier ______________ https://www.mhc.tn.gov.in/judis Page No 8 of 16 W.P.No.3661 of 2021 filed a Crl.O.P.No.29898 of 2015 before this Court to quash the proceeding in S.C.No.173 of 2015 pending on the file of the I Additional Sessions Court, Salem which was allowed by this Court on 21.04.2016 with the following observations:-
13. Considering the facts of the case in the light of the decision reported in (2015) 1 MLJ (Crl.) 424, P.Pugalenthi Vs. State, I am of the view that the report submitted by the respondent is without jurisdiction and hence, it is non-est in the eye of law.
So, the report submitted by the respondent herein is hereby set aside and consequently, the Government Order according sanction to prosecute the petitioner on the basis of the said report submitted by the respondent is also hereby set aside. Hence, the entire proceeding in S.C.No.173 of 2015 pending on the file of the I Additional Sessions Court, Salem is hereby quashed.
14. The Judicial Magistrate having the territorial jurisdiction is directed to conduct enquiry into the matter and submit a report to the Investigating Officer as per Section 176 (1-A) Cr.P.C. and Investigating Officer in turn is directed to investigate the matter and file a final report in accordance with law. The respondent herein is directed to send the papers pertaining to this matter to the Investigating Officer.
15. In fine,
(a) the Criminal Original Petition is allowed. Consequently connected miscellaneous petition is closed.
(b) the report submitted by the respondent ______________ https://www.mhc.tn.gov.in/judis Page No 9 of 16 W.P.No.3661 of 2021 herein is hereby set aside.
(c) the Government Order according sanction to prosecute the petitioner on the basis of the said report submitted by the respondent is also hereby set aside.
(d) the entire proceeding in S.C.No.173 of 2015 pending on the file of the I Additional Sessions Court, Salem is hereby quashed.
(e) the Judicial Magistrate having the territorial jurisdiction is directed to conduct enquiry into the matter and submit a report to the Investigating Officer as per Section 176 (1-A) Cr.P.C.
(f) the jurisdictional Commissioner of Police is directed to appoint an Investigating Officer, not below the rank of Assistant Commissioner and investigate the matter in Crime No.4 of 2009 and file a final report.
18. Pursuant to the direction in paragraph 15(e) of the said order, an inquest report dated 17.11.2017 bearing reference D.No.1587/2017 in Crime No.4/2009 under Section 176(1)(A) of Cr.P.C.,was sent by the Judicial Magistrate No.II, Attur to the Assistant Commissioner of Police, ALGSC, Salem City. The said inquest report also confirms that death of the accused Murugan was due to ceribro Vascular Accident (Natural Causes). The relevant portion from the aforesaid inquest report reads as under:-
______________ https://www.mhc.tn.gov.in/judis Page No 10 of 16 W.P.No.3661 of 2021 gpNujghpNrhjid nra;j kUj;Jtu;fs; jpU.gd;dPu;nry;tk; kw;Wk; jpUkjp.kPuh MfpNahu;fs; mtupd; ,wg;G Fwpj;J Nghyprhu; jhf;fpajhy; jhd; ,we;jjhf Fwpg;ghf vJTk; $wtpy;iy vd;gjhYk;> NkYk; Nkw;gb KUfDf;F jiyapy; %isapy;
Vw;gl;l uj;jf;frptpdhy; ,we;Js;shu; vd;W
kUj;Jtu; kPuhTk;> kw;Wk; kUj;Jtu;
jpU.gd;dPu;nry;tk; ,we;j KUfd; sub Arachnoid
Haemorrhage * - y; ,we;jhu; vd;Wk;> sub Arachnoid
Haemorrhage * - f;F fhuzk; ceribro Vascular
Accident (Natural Causes) vd;W ,we;j KUfdpd; ,wg;gpw;F fhuzk; $wp thf;F%yk; nfhLj;Js;shu;. Nkw;gb ,we;j kj;jpa rpiwthrp KUfd; vd;gtu; Ma;thsu; RNu~;Fkhu; kw;Wk; mtUld; ,Ue;j Nghyp];fhuu;fshy; jhf;FjYf;F cs;shf;fg;gl;L Nkw;gb ,we;j KUfdpd; clypy; fhaq;fs; ,Ue;jNghjpYk;> Nkw;gb jpU.RNu~;Fkhu; kw;Wk; mtUld; ,Ue;j Nghyp];fhuu;fs; jhf;fpajhy; Vw;gl;l fhaq;fspdhy; Nkw;gb KUfdpd; ,wg;G Vw;gltpy;iy vd;gJ vdJ tprhuizapy; njupatUfpwJ.
* Hemorrhage
19. The above report indicates that the death of the accused Murugan was due to the Ceribro Vascular Accident (Natural Causes).
20. Similarly, pursuant to the direction in paragraph 15(f) of the ______________ https://www.mhc.tn.gov.in/judis Page No 11 of 16 W.P.No.3661 of 2021 said order dated 21.04.2016 in Crl.O.P.No.29898 of 2015, an investigation report dated 10.12.2017 was filed by the Assistant Commissioner of Police, Anti Land Grabbing Special Cell, Salem City, wherein, it has been stated as follows:-
vd; tprhuizapd; Kbtpy; KUfd; kw;Wk; mtdJ $l;lhspfspd; clk;gpy; nrhw;g fhaq;fs; ,Ue;j NghjpYk; mitfs; Nkw;gb vjphpfs; fhtyu;fis jhf;fp jg;gpf;f Kaw;rr ; pj;jNghJ fhty;
Ma;thsH MH.RNu~;FkhH kw;Wk; mtuJ Foitr;Nrh;e;j fhtyHfs; Fiwe;j gl;r gyj;ij gpuNahfpj;J mjdhy; mtHfSf;F nrhw;g fhaq;fs; Vw;gl;lJ vd;W njhpfpwJ. ,e;j jftiy fhty; Ma;thsH mtHfs; Nkw;gb vjphpfis ifJ nra;J rhl;rpfspd; Kd;dpiyapy; xg;Gjy; thf;F%yk; ngw;wNghJ me;j xg;Gjy; thf;F%yj;jpNyNa gjpT nra;J ePjpkd;wj;jpw;F mDg;gpAs;shH. NkYk;> KufDf;F rpfpr;ir mspj;j kUj;JtHfs; kw;Wk; gpNuj ghpNrhjid nra;j kUj;JtHfs; jq;fSila ,Wjp mwpf;ifapy; KUfdpd; ,wg;Gf;fhd fhuzk; Death due to Subarachnoid Heamorshage * (Natural Cause) vd;W $wpAs;sdH.
kjpg;gpw;Fhpa ePjpj;Jiw eLtH vz;-2 Mj;J}H mtHfSk;> jd;Dila mwpf;ifapy; KUfdpd; gpNujj;ij ghpNrhjid nra;j kUj;JtHfspd; fUj;jpd;gb ,wg;gpw;F fhuzk; Subarachnoid Heamorshage* vd;Wk;> mjw;F ceribro Vascular Accident mjhtJ ,aw;ifahd fhuzj;jpdhy; Natural Cause vdf; $wpAs;shH. NkYk; fhty; ______________ https://www.mhc.tn.gov.in/judis Page No 12 of 16 W.P.No.3661 of 2021 Ma;thsH MH.RNu~;FkhH kw;Wk; mtuJ FotpdNuh jhf;fpajhy; Vw;gl;l fhaq;fshy; KUfdpd; kuzk; Vw;gltpy;iy vd;W $wpAs;shH. Nkw;gb ePjpj;Jiw eLthpd; mwpf;if> vd; Gyd; tprhuizapd; mwpf;ifNahL ,ize;J tUfpwJ vd;W gzpTld; njhptpj;Jf; nfhs;fpNwd;.
Kbthf> rpiwthrp KUfdpd; ,wg;gpw;F fhty; Ma;thsH MH.RNu~;FkhH kw;Wk; mtuJ Foit NrHe;j fhtyHfs; fhuzk; my;y. mtuJ kuzk; xU ,aw;if kuzk; (Natural Cause) Mfk;. * Hemorrhage
21. The above investigation report of the Assistant Commissioner also concludes that the petitioner and the other police officers had resorted to force while the accused Murugan (since deceased) was attempting to escape from their custody.
22. Since the disciplinary proceedings have not been completed despite a lapse of more than 7 years from the date when the decision was taken to initiate disciplinary proceedings, considering the fact that petitioner had attained the age of superannuation on 30.06.2017 and considering the facts that two reports have given, the respondents are ______________ https://www.mhc.tn.gov.in/judis Page No 13 of 16 W.P.No.3661 of 2021 directed to bring a closure to the proceedings within a period of six months from the date of receipt of a copy of this order.
23. If the inquest report dated 17.11.2017 of the Judicial Magistrate is acceptable by the respondents, the respondents may drop the proceedings and proceed to sanction the regular pension to the petitioner. On the other hand, if the respondents desire to proceed departmentally, the respondents shall endeavour to complete the disciplinary proceeding within the aforesaid period. In the event, the criminal proceedings results in a conviction of the petitioner, the respondents are always free to withdraw the pension in accordance with the provisions of the Tamil Nadu Pension Rules, 1978.
24. This Writ Petition stands disposed with the above observations. No cost.
23.11.2021 Internet : Yes/No Index : Yes / No jen ______________ https://www.mhc.tn.gov.in/judis Page No 14 of 16 W.P.No.3661 of 2021 To
1.The Chief Director General of Police, Mylapore, Chennai.
2.The Secretary, Department of Home Affairs, St. Fort George, Secretariat, Chennai – 600 001.
3.The Commissioner of Police, Salem City, Salem.
4.The Superintendent of Police, Salem District, Salem.
5.Deputy Inspector General of Police, Salem Range, Salem District.
C.SARAVANAN, J.
______________ https://www.mhc.tn.gov.in/judis Page No 15 of 16 W.P.No.3661 of 2021 jen Pre-Delivery Order in W.P.No.3661 of 2021 23.11.2021 ______________ https://www.mhc.tn.gov.in/judis Page No 16 of 16