V.D.DINAGARAN vs THE STATE OF TAMIL NADU

2026:MHC:4248
WP No. 22831 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 22831 of 2023
CNR:{HCMA011382342023}
V.D.Dinagaran
Additional Superintendent Of Police (Technical),
Planning (Retd.,), B2, Sai Sakete Apartment,
Mandavelli Street, Somu Nagar, Medavakkam,
Chennai-600 100.
..Petitioner(s)
Vs
1. The State Of Tamil Nadu
Rep. By Additional Chief Secretary To Govt.,
Home (Police-I) Department, Fort St.George,
Secretariat, Chennai-600 009.
2. The Director General Of Police
Head Of Police Force, Kamarajar Salai,
Chennai-600 004.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorarified Mandamus, calling for the records on the file of
st
the 1 respondent herein in GO No. (2D) No. 527 (Home)(Police-IA)
Department, 23.12.2022 and quash the same and consequently award selection
grade of scale of pay as on with effect from February 2021 and to notionally
appoint the petitioner as Superintendent of Police/Deputy Commissioner of
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WP No. 22831 of 2023
Police (Technical Services) as on 09.11.2021 from which date the petitioner was
functioning as de facto Superintendent of Police-Technical and to grant me all
consequential service and monetary benefits including revised retirement and
pensionary benefits in the cadre of Superintendent of police within a limited
time frame as deem fit by this Honorable Court.
For Petitioner(s): Ms. N.Subhasree
For Respondent(s): Mr.S.Ilamvaludhi
Special Government Pleader for R1 & R2
*
ORDER
The petitioner was an Additional Superintendent of Police. Based upon
the complaint given by one female Inspector of Police, an Internal Complaints
Committee was formulated and forwarded a report with a finding that the
petitioner had sexually harassed the woman Inspector of Police. Based on
which, a charge memorandum was issued to the petitioner on 04.04.2020
containing three charges. Out of which, the first charge is on the basis of the
sexual harassment complaint, and the charge Nos. 2 and 3 are consequential in
nature. The Enquiry Officer, after elaborate enquiry has ultimately found that
the charges 1 and 3 alone have been proved. Later, the Disciplinary Authority
has accepted the Enquiry Officer’s report and passed the impugned order on
23.12.2022 imposing a punishment of deduction of Rs.1000/- per month from
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2026:MHC:4248
WP No. 22831 of 2023
the petitioner’s pension for a period of six months. Aggrieved with the same, the
present Writ Petition has been filed.
2.Heard the learned counsel for the petitioner and the learned Special
Government Pleader appearing for the respondents.
3.The learned counsel for the petitioner would contend that the entire
disciplinary proceedings was initiated in pursuance of the alleged sexual
harassment complaint given by one of the “Woman Inspector of Police”
(hereinafter called as “victim” for brevity and anonymity). The Enquiry Officer
held that the sexual harassment complaint has not been proved. The third charge
is based upon the counter blast act of the petitioner, so as to fix the victim.
rd
According to the 3 charge, he has requested his colleagues to write a complaint
rd
against the victim. The 3 charge was also held to be not proved.
4.The only charge proved against the petitioner is, not taking action
against the victim upon the complaint given by one male Inspector of Police.
The charge is projected in such a way that he favoured the victim. To put it
differently, in order to maintain or to have a cordiality with the victim, he did
not take action against her. According to the findings, the Enquiry Officer has
held that since the petitioner did not take any action in pursuance of the
complaint, the charge is proved. In order to arrive at such conclusion, the
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2026:MHC:4248
WP No. 22831 of 2023
Enquiry Officer has given a reasoning that having received a complaint against
the victim, he has not issued show cause notice to the victim.
5.The petitioner has also enclosed the copy of the complaint. The copy of
the complaint proceeds in such a way that since the victim did not perform her
duty effectively and that she used to avail holiday on Saturdays and Sundays
and thereby, the complainant one Mr.Raja Ram Mohan had to shoulder greater
responsibilities. But, his complaint has not stopped with that. His ultimate
prayer to the petitioner is, transfer of the victim and substitution by way of a
male Inspector of Police. On harmonious reading of the complaint, his
grievance is to transfer the victim. But, he has based his reason that she was not
doing her duty.
6.At this juncture, it is relevant to mention that each one will have
different response to particular fact situation. What is essential is, to see whether
the response made by an individual is a reasonable and probable response. In
the case in hand, after receipt of the complaint on 09.05.2019, admittedly the
petitioner has informed to Mr.Raja Ram Mohan that he has already informed to
the DIG of Police and that the DIG would consider the request shortly. The
conveyance of the said factum was admitted by Mr.Raja Ram Mohan during the
cross examination and as a matter of fact, even on the date of his complaint,
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there were vacancies of one Inspector and 3 Sub Inspectors. The complainant
nd
Mr.Raja Ram Mohan under whose complaint the 2 charge was framed,
admitted that the petitioner had taken action on his complaint.
7.It is relevant to once again mention that, in a letter given by Mr.Raja
Ram Mohan, the final prayer sought by him was a transfer of the victim, which
was taken care by the petitioner and the petitioner’s course of action was also
informed to the said Mr.Raja Ram Mohan. It is not even the case/prayer of
Mr.Raja Ram Mohan that the disciplinary proceedings to be initiated against the
victim. But curiously, the Enquiry Officer has given a reasoning that the
petitioner did not issue any show cause notice to the victim. It is relevant to
mention that an Enquiry Officer cannot make out a case, which is neither
pleaded by the Department nor sought by the original Complainant Mr.Raja
Ram Mohan.
nd
8.The above issue can also be looked at in a different angle. The very 2
charge if at all to be taken as charge, could only be treated as a consequential
one for the sexual harassment complaint. In the case in hand, the very sexual
nd
harassment complaint has not been proved. When such is of the fact, the 2
charge has no foundation to have any positive finding. Therefore, this Court is
of the firm view that the finding rendered by the Enquiry Officer, which was
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2026:MHC:4248
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later on accepted by the Disciplinary Authority is not legally sustainable. To put
nd
it differently, the findings with respect to the 2 charge is perverse and the
Disciplinary Authority as well as the Enquiry Officer have not at all taken into
consideration of the available material of the admission made by Mr.Raja Ram
nd
Mohan. Therefore, the findings rendered in respect of the 2 charge is liable to
be interfered with.
9.Accordingly, this Writ Petition stands allowed. As a consequence, the
impugned order of the first respondent dated 23.12.2022 is hereby set aside. No
costs.
15-10-2026
Index: Yes
Speaking order
Neutral Citation: Yes
KMI
To
1. The State Of Tamil Nadu
Rep. By Additional Chief Secretary To Govt.,
Home (police-i) Department, Fort St.George,
Secretariat, Chennai-600 009.
2. The Director General Of Police
Head Of Police Force, Kamarajar Salai,
Chennai-600 004.
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2026:MHC:4248
WP No. 22831 of 2023
C.KUMARAPPAN J.
KMI
WP No. 22831 of 2023
15-10-2026
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