Madras High Court
Vallivalam Desikar Polytechnic ... vs The Deputy Superintendent Of Police on 7 July, 2023
Author: C.V.Karthikeyan
Bench: C. V . Karthikeyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2023
CORAM
THE HON'BLE Mr. JUSTICE C. V . KARTHIKEYAN
W.P.No. 18304 of 2016
and
W.M.P.No.16011 of 2016
Vallivalam Desikar Polytechnic College
Rep. by its Chairman
Mrs. Ezhilarasi
Pannai Illam, Vallivalam Village,
Thirukuvalai Taluk,
Nagapattinam District. .. Petitioner
Vs.
The Deputy Superintendent of Police,
Nagapattinam Sub-Division,
Nagapattinam. .. Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari, Calling for the records of the
respondent dated 09.05.2016.
For Petitioner .. Ms. Rizwana Yasmeen
For Respondent .. Mr. V. Nanmaran, Addl. Govt. Pleader.
https://www.mhc.tn.gov.in/judis
2
ORDER
This writ petition has been filed in the nature of Certiorari seeking interference with a notice issued by the respondent, the Deputy Superintendent of Police, Nagapattinam Sub-Division, Nagapattinam, dated 09.05.2016.
2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner is the Chairperson of the Governing Council of Vallivalam Desikar Polytechnic College, Nagapattinam. The said college was established in the year 1965. It had been stated that the respondent had issued the impugned notice stating that a case had been registered on 28.04.2016 consequent to a complaint given by one Packiaraj in the First Information Report in Crime No.150 of 2016 under Sections 294(b) and 506(i) IPC read with 3(1)(r) SC/ST (POA) Act, and that the institution should not permit the Director, Dr. S. Pandarinathan and the Principal, S. Mani Sekar, to discharge their official duties and also to inform the respondent about initiation of disciplinary proceedings against them. https://www.mhc.tn.gov.in/judis 3
3.The respondent could have been the Investigating Officer with respect to the FIR in Crime No.150 of 2016. The Investigating Officer could only enquire into the allegations, which are stated in the FIR. His duty was to determine, whether such allegations are made out and whether they warrant for filing of Final Report before the jurisdictional Court. But his authority does not extend to issuing a notice calling upon the petitioner to interfere with the nature of service rendered by the named individual namely, the Director and the Principal of the petitioner institution. That is a decision which has to be taken only by the Governing Council of the petitioner institution and not by the Investigating Officer. Even if disciplinary proceedings are to be initiated, that is the prerogative of the Governing Council. They cannot also be suo motu initiated, but only after giving proper notice to the said individuals. The Investigating Officer, while examining the averments or allegations in the FIR in Crime No.150 of 2016 has no manner or right or authority to call upon the Governing Council to initiate disciplinary proceedings. There is no obligation on the part of the Governing Council to so initiate disciplinary proceedings, merely because the respondent directed them to do so.
https://www.mhc.tn.gov.in/judis 4
4.But however, in the counter, the respondent appears to have realized that this particular decision would not withstand scrutiny, and in paragraph No.8 has stated as follows:-
“8. I humbly submitted that the notice was issued only in good spirits to maintain peace and public tranquillity and subsequently after a detailed enquiry further action on the proceedings dated 09.05.2016 has been dropped.”
5.In view of that statement, which has also been pointed out by the learned Additional Government Pleader for the respondent, since the proceedings consequent to the impugned notice has been dropped, no further orders are required. But still to ensure confidence to the petitioner, the said notice dated 09.05.2016 is quashed. Accordingly, this Writ Petition is allowed. No costs. Consequently, connected Criminal Miscellaneous Petition is closed.
07.07.2023 Index:Yes/No Internet:Yes/No Neutral Citation : Yes / No https://www.mhc.tn.gov.in/judis 5 smv To, The Deputy Superintendent of Police, Nagapattinam Sub-Division, Nagapattinam.
https://www.mhc.tn.gov.in/judis 6 C.V.KARTHIKEYAN,J.
smv W.P.No.18304 of 2016 07.07.2023 https://www.mhc.tn.gov.in/judis