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Police dgp Rajesh doss case govt filed counter full copy

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P.No.21968 of 2021
Rajesh Das, IPS.,
Slo Late Mr. Pranabandhu Das,
Vaikuntam, 19, Raja Street,
Kalyani Nagar,
Kottivakkam,
Chennai – 600 041 Petitioner
-Versus-
1. Government of Tamil Nadu,
Rep. by the Chief Secretary, Fort. St. George,
Chennai – 600 009.
2. Govemment of Tamil Nadu,
Rep. By the Principal Secretary,
Home Department, Fort. St.George,
Chennai – 600 009.
3. Internal Complaints Committee,
Office of Additional Chief Secretary to Government, Planning and Development Department, Secretariat, Chennai — 600 009.
4. The Director General of Police, Dr. Radhakrishnan Salai,
Mylapore, Chennai — 600 004.
5. Nisha Parthiban, IPS., w/o Parthiban, IAS.

Office of Superintendent of Police,
Pudukottai district. Respondents
COUNTER AFFIDAVIT FILED ON BEHALF OF THE 4th RESPONDENT l, Ara. Arularasu Slo Late K. Arangasamy aged about 53 years, serving as Assistant Inspector General of Police, Law and Order, Chennai having office at No. 1, Dr. Radhakrishnan Salai, Mylapore, Chennai, do hereby solemnly affirm
and sincerely state as follows:

Page No.
No. of Corms:Asst. Inspector General of Police Law & Order
Mylapore, Chennai – 4.
I am the staff officer in the office of the respondent and as such I am well acquainted with the facts of the case from the records. I am filing this counter affidavit on behalf of the 4th respondent herein. I have perused the affidavit filed in support of the above writ petition and I deny all the allegations contained therein except those that are specifically admitted herein.
2. It is submitted that the petitioner has made various averments against the respondents 2 to 4 in his affidavit. I am constrained to put forth my reply to the averments made against the fourth respondent only.
3. Regarding the averments in paras 5 to 7 of the affidavit, it is submitted that the fifth respondent herein has made a complaint dated 22.02.2021 alleging sexual harassment meted out to her by the petitioner herein. As per the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an Internal Complaints Committee was already constituted in the Police Department with Mrs.Seema Agrawal, IPS.
Additional Director General of Police, Headquarters as the Presiding Officer. As the complaint of sexual harassment is made against an officer, who is senior in rank to the Presiding Officer of the Internal Complaints Committee constituted by the Police Department, the said complaint was immediately forwarded to the Government, with a request to constitute an Internal Complaints Committee with the officers of appropriate seniority.

Page No:Asst. Inspector General of Police No. of Corrns:Law & Order
Mylapore, Chennai – 4.
The Government on 24.02.2021 had constituted a Committee under the head of
Mrs.JayashreeRaghunandan, IAS., Additional Chief Secretary to Government, Planning and Development Department as Presiding Officer along with five other members to enquire into the complaint made by the fifth respondent.
4. The fifth respondent has submitted another petition dated 26.02.2021 with additional facts, with a request to register a FIR against the officers concerned for the various offences committed by them against her. The said petition in original was immediately sent to the Director General of Police, Crime Branch CID for taking up necessary investigation as per law. Based on the said complaint, a case has been registered in
Villupuram CB-CID Cr.No.1/2021 u/s 354 A (2), 341 and 506 (i) IPC and section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 against the petitioner on 27.02.2021. This case was investigated by the Superintendent of Police, Crime Branch CID-Il, a woman officer. After completion of investigation, a final report was filed before the learned Judicial Magistrate Court at Villupuram against the petitioner and the same was taken on file in CC.No.231/2021 on
30.07.2021 and is pending trial. The FIR was registered based on the complaint give by the 5th respondent, hence the averment of the petitioner that the complaint is motivated with an objective to destroy the petitioner’s career, as stated by the petitioner is not correct.
5. When the Investigation of the case and the inquiry by the Internal
Complaints Committee were in progress, the petitioner was transferred and
Page No. No. of Corms:

Asst. Inspector General of Police Law & Otder
Mylapore, Cheanoi – 4.

relieved from the post of the Special Director General of Police, Law and Order and kept on compulsory wait at the office of the Director General of Police, since the Special Director General of Police (Law and Order) is the supervising officer for the complainant.
6. Regarding the averment in Para-Il of the affidavit, it is submitted that the petitioner has made a representation dated 27.02.2021 to the fourth respondent addressed to the second respondent herein. The said representation dated 27.02.2021 was immediately forwarded by the fourth respondent to the second respondent on the same day itself i.e. 27.02.2021.
7. Regarding the averment in Para-13 of the affidavit, It is submitted that Presiding Officer of Internal Complaints Committee i.e the third respondent herein, vide letters dated 18.03.2021 and 26.03.2021 has requested to provide a copy of the CCTV footage of the Director General of Police (4th respondent) premises leading to the office of the Director General of Police and Additional Director General of Police, Headquarters & Crime against Women and Children. The Presiding Officer, Internal Complaints Committee has been informed in Letter dated 30.03.2021 that the CCTV surveillance system installed in the corridor leading access to the office of DGP was installed during 2014 and has the capacity to store the footages for last 15 days only. Hence, the footages from 21.02.2021 to 03.03.2021 could not be retrieved. It was further informed that the CCTV surveillance system installed in the corridor of the office of the Additional Director General of Police, Headquarters was installed during 2018
Page No: No. of Corrns:
Asst. Inspector General of Police
Law & Otder
Mylapore, Chennai -4.
Administrative the Director vat’.%nadu,
and has the capacity to store the footage for last 30 days. Hence, the footages from 21.02.2021 to 03.03.2021 was retrieved from the CCTV surveillance system installed in the corridor of the office of the Additional Director General of Police, Headquarters and a copy of the footages was furnished in an external hard disk along with the Software which has to be installed for viewing the footages.
8. Regarding the averment in para-27 of the affidavit that the report dated 08.04.2021 of the Internal Complaints Committee and the list of witnesses were not served upon by the 4th respondent who had issued charge memo, it is submitted that the fourth respondent has not received the ICC report dated
08.04.2021 and had not issued the charge memo to the petitioner. The fourth respondent had only served the charge memo issued by the Government to the petitioner. As such, the question of serving the report dated 08.04.2021 and list of witnesses by the 4th respondent does not arise. Also, the petitioner was served with the list of documents as Annexure-Il and list of witnesses as Annexure —Ill to the charge memo on 31.05.2021 received from the Government on 29.05.2021. The petitioner himself had acknowledged the same. Therefore, the said averments of the petitioner is denied as false.
9. Regarding para-28 of the affidavit, it is submitted that the representation dated 30.07.2021 received from the petitioner on 02.08.2021 at the office of the fourth respondent was forwarded to the Government on

09.08.2021.
Asst. Inspector General of Police Page No:Law & Order
No. of Corrns:Mylapore, Chennai – 4.
Administrative the Director
Tamilnadu,
It is, therefore, prayed that this Hon’ble Court may be pleased to dismiss this writ petition with costs and thus render justice.
Solemnly affirmed at Chennai on this the Eday of November 2021 and signed BEFORE ME in his name my presence Asst. Inspector General of Police Law & Order
My!aporc, Chennai -4.

Administrative Officer
010. the Director General of Police Tamilnadu, Chennai-600 004.
Page No:
No. of Corrns:

IN THE HIGH COURT OF
JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.N0. 219be of 2024
COUNTER AFFIDAViT
STATE GOVERNMENT PLEADER

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