G. CHINNADURAI vs THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

2026:MHC:3577
WA No. 3317 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 3317 of 2023
G. Chinnadurai
S/o.Ganapathy, NO.15, Perumal Koil Street,
Makkaram Thottam, Kolathur, Chennai 99
..Appellant
Vs
1. The Additional Chief Secretary To Government
Government, Home (Police V) Department,
Fort St. George, Chennai 9.
2. The Commissioner Of Police,
Greater Chennai Police, Veppery, Chennai 7
3. The Deputy Commissioner Of Police,
Armed Reserve, Chennai City, Pudupet,
Chennai 2
..Respondents
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the
order dated 28.03.2023 made in WP No.28251 of 2019 .
For Appellant(s): P.Chandrasekar
For Respondent(s): Mr.K.Rajesh, Government Advocate
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2026:MHC:3577
WA No. 3317 of 2023
Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.)

The writ petitioner is the appellant before this Court. The appellant was
appointed as Police Constable Grade II on 15.12.2008 in Tamil Nadu Police
Department. He was promoted as Police Constable Grade I and posted in
armed reserve. Currently the appellant is working as Sub Inspector of Police.
When he was working as Constable Police I, he remained unauthorisedly
absent for about 21 days. Thus, departmental disciplinary proceedings was
initiated against him. After affording opportunity to the appellant, the
disciplinary authority imposed the punishment of reduction in pay by one stage
for one year, which shall operate to his future increment vide proceedings
dated 09.04.2013. The appellant preferred an appeal and thereafter review
and both were rejected by the authorities competent. Thus, he filed the writ
petition.
2. Learned counsel for the appellant would mainly contend that he
remained unauthorisedly absent for about 21 days on account of some illness
due to piles complaint and he was taking treatment in his native district at
Thoothukudi. On account of certain emergency circumstances, he could not
inform the same to the superior authorities. The appellant states that he had
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2026:MHC:3577
WA No. 3317 of 2023
no intention to remain unauthorisedly absent and he is continuously serving in
the department for about 17 years with clean record of service.
3. This Court is of the considered view that police force is a disciplined
force. A constable who remains absent continuously for 21 days is normally
declared as 'deserted' and that being the level of discipline to be maintained in
police force, the punishment imposed on the appellant cannot be construed as
not in consonance with the Discipline and Appeal Rules. However, the
reasons stated regarding the illness may be considered under exceptional
circumstances.
4. In the present case, the appellant states that he went to take native
treatment for his illness and therefore was not able to inform his superiors
immediately. He joined duty on completion of 21 days absence and thereafter
continuously working and was further promoted to the post of Sub Inspector of
Police.
5. Considering the reasons stated and treating the present case as an
exception, this Court is inclined to remand the matter back to the disciplinary
authority for re-considering the punishment imposed to the appellant. In view
of the above discussion, writ order dated 28.03.2023 made in W.P.No.28251
of 2019 is set aside. The matter is remanded back to the disciplinary
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2026:MHC:3577
WA No. 3317 of 2023
authority, who in turn shall re-consider the quantum of punishment imposed
and pass appropriate orders on merits and in accordance with law as
expeditiously as possible. However, this order need not be followed in other
cases. The writ appeal is allowed. No costs.
(S.M.S.,J.) (K.G.R.,J.)
28-08-2026
Index: Yes
Speaking order
Neutral Citation: Yes
KST
To
1. The Additional Chief Secretary To Government
Government, Home (Police V) Department,
Fort St. George, Chennai 9.
2. The Commissioner Of Police,
Greater Chennai Police, Veppery, Chennai 7
3. The Deputy Commissioner Of Police,
Armed Reserve, Chennai City, Pudupet,
Chennai 2
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2026:MHC:3577
WA No. 3317 of 2023
S.M.SUBRAMANIAM J.
AND
KRISHNASWAMY GOVINDARAJAN J.
KST
WA No. 3317 of 2023
28-08-2026
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