Madras High Court
WP(MD)/28760/2026 of N. Suresh alies Thirumalaina Vs The Deputy Inspector General on 12 October 2026
WP(MD) No. 28760 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 28760 of 2026
CNR:{HCMD011410042026}
and
WMP(MD) Nos.21816 & 21817 of 2026
N. Suresh alies Thirumalainambi
S/o. Natarajan,
Chief Head Warder,
Residing at,
No.45, Kottai Yadavar Main Street,
Kalakadu, Tirunelveli District.
Presently confined at,
Nanguneri Sub Jail,
Thirunelveli District.
..Petitioner
Vs
1. The Deputy Inspector General of Prisons Madurai Range, Jail Road, Madurai.
2. The Superintendent of Prisons,
Central Prison,
Palayamkottai.
..Respondents
__________
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WP(MD) No. 28760 of 2026
PRAYER: S-1. Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned charge memo issued by the 2nd Respondent dated 29.07.2026 in Proceedings No.41013/ki si.2/2026 and quash the same and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.
For Petitioner
:Mrs.A.Lakshmi
For Respondents
:Mr.Mahaboob Athiff,
Special Government Pleader
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O R D E R
The petitioner, a Chief Head Warder working at District Jail, Nagercoil was placed under suspension and also issued with a charge memo, on 29.07.2026, pursuant to a criminal case in Crime No.165 of 2026, which was registered as against him. The charge memo dated 29.07.2026 is challenged by way of this writ petition on the ground that the petitioner is facing a criminal case on the same __________
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WP(MD) No. 28760 of 2026 set of charges in Crime No. 165 of 2026, which is still pending investigation.
2. The learned counsel appearing for the petitioner submits that if the respondents proceed with the disciplinary proceedings during the pendency of the criminal case, it would affect the petitioner's defence in the criminal case. The learned counsel also submits that certain documents, including the CCTV footage, have not been furnished to the petitioner. The learned counsel further submits that the petitioner is in jail. Therefore, the impugned charge memo needs to be interfered with.
3. The learned Special Government Pleader appearing for the respondents submits that the documents mentioned in the Annexure have already been furnished to this petitioner. With regard to CCTV footage, the petitioner was permitted to look into the same. __________
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WP(MD) No. 28760 of 2026
4. This Court considered the rival submissions made and also perused the materials placed on record.
5. Admittedly, the petitioner was issued with a charge memo, pursuant to a criminal case, which was registered as against him in Crime No.165 of 2026. This Court has already held that pendency of a criminal case is not a bar for proceeding with the disciplinary proceedings. Moreover, the scope of a criminal case and the scope of the disciplinary proceedings are entirely different. However, the grievance of the petitioner, with regard to non- furnishing of the relied upon documents and the CCTV footage requires consideration by the respondents. The learned Special Government Pleader submits that the relied upon documents mentioned in the Annexure have already been furnished, but the CCTV footage has not been supplied, however, the petitioner was permitted to look into the same, on request. Admiitedly, the petitioner is in jail pursuant to the criminal case registered in Crime __________
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WP(MD) No. 28760 of 2026 No. 165 of 2026 and therefore, he is not in a position to take an effective defence in the departmental proceedings, without perusing the CCTV footage.
6. In view of the above, this writ petition is disposed of with a direction to the respondents to defer the disciplinary proceedings for some time, enabling the petitioner to peruse the CCTV footage, if any, after coming out on bail and thereafter submit his explanation. The respondents shall permit the petitioner to peruse the CCTV footage, within a period of two weeks from the date of his release from jail. Thereafter, the petitioner shall be granted four weeks' time to submit his explanation. On receipt of the explanation, the disciplinary proceedings shall proceed in accordance with law and the applicable Government guidelines, issued in G.O.81, Human Resources Management (N) Department, dated 04.08.2022 and also in G.O(Ms)No.66, Human Resources Management (N) Department, dated 06.07.2022. It is made clear that the documents, which are not __________
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WP(MD) No. 28760 of 2026 relied upon may also be permitted to be perused by the petitioner. No costs. Consequently, connected Miscellaneous petitions are closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VRN __________
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WP(MD) No. 28760 of 2026 To
1. The Deputy Inspector General of Prisons Madurai Range, Jail Road, Madurai.
2. The Superintendent of Prisons, Central Prison, Palayamkottai. __________
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WP(MD) No. 28760 of 2026 B.PUGALENDHI, J. vrn Order made in WP(MD) No. 28760 of 2026 12.10.2026 __________
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