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2026 DAILYLAW 45472 (MAD)

T.VENKATACHALAM v. THE SECRETARY TO GOVERNMENT,

WP/23952/2026 · 2026-06-29

P T Asha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 23952 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 23952 of 2026 and WMP No.26020 of 2026 T.Venkatachalam S/o.Thangavelu, No.14, Perumal Koil Street, Rajankuppam Road, Ayanampakkam Post, Maduravoyal, Thiruvallur District. ..Petitioner(s) Vs 1. The Secretary To Government, Home (Police) Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2. The Director General of Police Government of Tamil Nadu, Mylapore, Chennai – 600 004. 3. The Commissioner of Police Greater Chennai Corporation, Commissioner Office building, Chennai - 600007. 4. The Joint Commissioner of Police West Zone, Greater Chennai Corporation, Thirumangalam, Chennai – 600 101. 5. The Joint Commissioner of Police Traffic Zone (North), Chennai. 6. The Deputy Commissioner of Police, Traffic (East), Chennai - 600002. https://www.mhc.tn.gov.in/judis WP No. 23952 of 2026 __________ Page2 of 6 7. The Superintendent, Pay Fixation Section, Traffic Zone, Chennai. ..Respondent(s) PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned leave settlement order dated 19.11.2025 passed by the 4th respondent in R.C.No.L1/1160/E-12258609/2025, WZO NO.883/2025 and the impugned pay fixation order dated 14.02.2026 passed by the 5th respondent in R.C.No.Tr./Payfix/69/2752/2026, T.Z.O No.99/2026 and quash the same as illegal, arbitrary and unsustainable in law and consequently direct the respondents to treat the petitioners suspension period from 14.10.2007 to 16.08.2009 as duty for all purposes, with continuity of service, full pay and allowances, annual increments, qualifying service, consequential seniority, promotional benefits, pensionary benefits and all other attendant monetary and service benefits, including arrears thereof and to re-fix the petitioner’s pay accordingly without effecting any recovery or deduction, within such time. For Petitioner(s): Mr.L.Poovendra Perumal For Respondent(s): Mr.A.R.Balaji, Government Advocate ORDER The writ petition is filed for the relief set out below: "calling for the records relating to the impugned leave settlement order dated 19.11.2025 passed by the 4th respondent in R.C.No.L1/1160/E-12258609/2025, WZO NO.883/2025 and the impugned pay fixation order dated 14.02.2026 passed by the 5th respondent in R.C.No.Tr./Payfix/69/2752/2026, T.Z.O No.99/2026 and quash the same as illegal, arbitrary and unsustainable in https://www.mhc.tn.gov.in/judis WP No. 23952 of 2026 __________ Page3 of 6 law and consequently direct the respondents to treat the petitioners suspension period from 14.10.2007 to 16.08.2009 as duty for all purposes, with continuity of service, full pay and allowances, annual increments, qualifying service, consequential seniority, promotional benefits, pensionary benefits and all other attendant monetary and service benefits, including arrears thereof and to re-fix the petitioner’s pay accordingly without effecting any recovery or deduction, within such time." 2. Heard the learned counsel on either side and perused the materials vailable on record. 3. A complaint has been lodged against the petitioner in Cr.No.7/AC/2007/CCI and the case has been registered by the Vigilance and Anti Corruption, City Special Unit-III under the Section 7, 13(2) r/w 13(1)(d) of Prevention and Corruption Act. The departmental proceedings were initiated against the petitioner. The records would show that the criminal case against the petitioner has ended in acquittal. That apart, the Enquiry Officer held that the charges are partly proved and the disciplinary authorities had imposed a punishment of postponement of increment for one year without cumulative effect and the appellate authorities also rejected the petitioner’s claim. Thereafter, the petitioner was acquitted from the charges of corruption and the disciplinary proceedings against the petitioner has been set aside by the second https://www.mhc.tn.gov.in/judis WP No. 23952 of 2026 __________ Page4 of 6 respondent and therefore, the petitioner is entitled to continuity of service. These facts have not been considered while passing the impugned order. Accordingly, the writ petition is allowed as prayed for and the impugned order dated 19.11.2025 stands quashed and this Court is directing the respondents to treat the period of suspension as duty for all purposes and the impugned order fixing the pay dated 14.02.2026 stands quashed and the pay shall be refixed by the respondents after issuing notice to the petitioner and hearing him within a period of four weeks from the date of receipt of a copy of this order. 29-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssa https://www.mhc.tn.gov.in/judis WP No. 23952 of 2026 __________ Page5 of 6 To 1.The Secretary To Government, Home (Police) Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2.The Director General of Police Government of Tamil Nadu, Mylapore, Chennai – 600 004. 3.The Commissioner of Police Greater Chennai Corporation, Commissioner Office building, Chennai - 600007. 4.The Joint Commissioner of Police West Zone, Greater Chennai Corporation, Thirumangalam, Chennai – 600 101. 5.The Joint Commissioner of Police Traffic Zone (North), Chennai. 6.The Deputy Commissioner of Police, Traffic (East), Chennai - 600002. 7.The Superintendent, Pay Fixation Section, Traffic Zone, Chennai. https://www.mhc.tn.gov.in/judis WP No. 23952 of 2026 __________ Page6 of 6 P.T.ASHA, J. ssa WP No. 23952 of 2026 29-06-2026 https://www.mhc.tn.gov.in/judis