M.PRAKASH vs THE PRINCIPAL SECRETARY,

2026:MHC:3598
W.P.No.36174 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2026
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
W.P.No.36174 of 2023
and
WMP.No.36156 of 2023
M.Prakash ... Petitioner
Vs.
1. The Principal Secretary,
Home Department,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2. The Director General of Police,
Head of Force,
Mylapore, Chennai – 600 004.
3. The Commissioner of Police,
Vepery,
Chennai – 600 007.
4. The Deputy Commissioner,
C-1, Flower Bazzar,
Law and Order Police Station,
Flower Bazzar District,
Chennai – 600 001.
5. The Assistant Commissioner of Police,
Puzhal Range,
Chennai – 600 066. ... Respondents
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2026:MHC:3598
W.P.No.36174 of 2023
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the records of
the fourth respondent’s order under reference No.PR 13/PR.N(1)/2018, u/r
3(b) dated 11.03.2019 (removed from service) and consequent order dated
07.10.2023 under Ref RC.No.PR.13/PR.N(1) 2018 “Endorsement” and to
quash the same as illegal and invalid, consequently direct the respondents to
forthwith reinstate the petitioner in service as Grade I Police Constable in the
Police Department, along with all attendant and monetary benefits with
continuity in service.
For Petitioner : Mr.Ashok Menon
For Respondents : Mr.S.Ilamvaludhi,
Special Government Pleader

O R D E R
The present Writ Petition has been filed seeking issuance of a Writ of
Certiorarified Mandamus, calling for the records relating to the order passed
by the fourth respondent in Ref.No.PR.13/PR.N(1)/2018, under Rule 3(b),
dated 11.03.2019, whereby the petitioner was removed from service, and the
consequential order dated 07.10.2023 in Ref.No.RC.No.PR.13/PR.N(1)/2018,
by way of endorsement, and quash the same as illegal and invalid and
consequently direct the respondents to forthwith reinstate the petitioner in
service as Grade-I Police Constable in the Police Department, with all
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W.P.No.36174 of 2023
attendant and monetary benefits and continuity of service.
2. The brief facts which are necessary for the disposal of the present
Writ Petition are that, while the petitioner was serving as a Grade-I Police
Constable at Flower Bazaar Police Station, he was involved in a criminal case
and thereafter remanded to judicial custody in connection with the offences
of kidnapping and dacoity. Subsequently, the petitioner was acquitted of the
criminal charges. It is the case of the petitioner that, on account of his
acquittal, he is entitled to be reinstated in service. Hence, he submitted an
application before the fourth respondent, which was ultimately rejected by
order dated 07.10.2023.
3. The learned counsel for the petitioner would submit that there were
irregularities in the conduct of the disciplinary proceedings. He would further
submit that, since the petitioner was acquitted of the criminal charges, he is
entitled to be reinstated, as the charges framed in the departmental
disciplinary proceedings and those tried before the Criminal Court are one
and the same and the evidence and other materials relied upon are also one
and the same. However, the fourth respondent rejected the request for
reinstatement. Hence, he prayed to interfere with the impugned orders of
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2026:MHC:3598
W.P.No.36174 of 2023
punishment as well as the consequential endorsement order.
4. Per contra, the said contention was stoutly opposed by the learned
Special Government Pleader appearing for the respondents and would submit
that the petitioner was involved in serious offences of kidnapping and dacoity
and was also remanded to judicial custody. He would further submit that,
though the petitioner was acquitted by the Criminal Court, in the
departmental disciplinary proceedings, the charges framed against him were
proved and, after following all due procedures, he was imposed with the
punishment of removal from service. The appeal filed by the petitioner was
also dismissed and the review petition filed by him was considered and
rejected on 05.04.2021. Therefore, the filing of the present Writ Petition
challenging the impugned order and the punishment imposed is contrary to
law.
5. The learned Special Government Pleader would further submit that,
when the petitioner suffered a finding of guilt and ultimately punishment in
the departmental disciplinary proceedings, he cannot seek reinstatement
merely on account of his acquittal in the criminal case, unless the punishment
imposed in the departmental disciplinary proceedings is set aside. He would
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W.P.No.36174 of 2023
further contend that mere acquittal in the criminal proceedings will in no way
enure to the benefit of the petitioner in the departmental proceedings, as the
standard of proof in both the proceedings is different. Hence, he prayed to
dismiss the present Writ Petition.
6. I have given my anxious consideration to the submissions made on
either side.
7. According to the learned Special Government Pleader appearing for
the respondents, the petitioner was involved in offences relating to
kidnapping and dacoity. In the departmental disciplinary proceedings, three
witnesses were examined and, ultimately, the charges were proved. No doubt,
the petitioner was acquitted of the criminal charges, but that by itself is not
sufficient to have an automatic bearing on the departmental disciplinary
proceedings. In this regard, it is relevant to refer to the judgment of the
Hon’ble Supreme Court in Ajit Kumar Nag Vs. General Manager (PJ),
Indian Oil Corporation Ltd., Haldia and others , reported in (2005) 7 SCC
764 , wherein the Hon’ble Supreme Court has held that acquittal by a
Criminal Court would not debar an employer from exercising the power in
accordance with the Rules and Regulations in force, as the standard of proof
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W.P.No.36174 of 2023
in criminal proceedings and departmental proceedings is altogether different.
Therefore, the contention of the learned counsel for the petitioner that, since
he was acquitted by the Criminal Court, the impugned order of removal from
service deserves to be quashed, is far-fetched.
8. Coming to the factual aspects projected by the petitioner, in the
exercise of judicial review, this Court cannot re-appreciate the evidence as an
Appellate Court. The contours of judicial review are very limited and this
Court can have only a mild and subtle re-look, subject to the condition that
the order passed by the authorities is perverse or has been passed by an
incompetent authority.
9. Admittedly, the petitioner has not raised any specific procedural
irregularities and his primordial contention is based upon his acquittal in the
criminal case. As already held, such acquittal cannot, by itself, constitute an
automatic basis for his reinstatement in service. Therefore, this Court does
not find any merit in the present Writ Petition.
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10. In the result, this Writ Petition is dismissed. Consequently, the
connected Miscellaneous Petition is closed. No costs.
02.09.2026

kv
Index : Yes
Speaking order
Neutral Citation : Yes
To
1. The Principal Secretary,
Home Department,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2. The Director General of Police,
Head of Force,
Mylapore, Chennai – 600 004.
3. The Commissioner of Police,
Vepery,
Chennai – 600 007.
4. The Deputy Commissioner,
C-1, Flower Bazzar,
Law and Order Police Station,
Flower Bazzar District,
Chennai – 600 001.
5. The Assistant Commissioner of Police,
Puzhal Range,
Chennai – 600 066.
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2026:MHC:3598
W.P.No.36174 of 2023
C.KUMARAPPAN, J.
kv
W.P.No.36174 of 2023
02.09.2026

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