Andrew Birks, who was ordained a Church of England priest last year, was one of five officers investigated after 40-year-old Sean Rigg collapsed and died at Brixton police station in August 2008.
Suspended from the Metropolitan Police force and wanting to become a full-time priest, Mr Birks handed in his resignation.
But it was blocked by an assistant commissioner in July last year on the grounds that resigning would allow him to avoid any potential disciplinary proceedings.
Overturning that decision on Friday, Mr Justice Garnham said it “cannot stand” because the assistant commissioner did not take into account the lengthy delay in deciding whether Mr Birks should face any charges.
However, Mr Birks will still have to wait to find out if he will be allowed to resign, as the judge ordered that the decision should be taken afresh in light of his ruling.
Sean Rigg who died in custody in 2008, as Andrew Birks, one of five officers that have been investigated over the death of Rigg has claimed that his prolonged suspension is unlawful.
Mr Rigg (pictured above), who had paranoid schizophrenia, was arrested in Balham and taken to the station in a police van driven by Mr Birks.
At an inquest in 2012 jurors found the primary cause of Mr Rigg’s death was cardiac arrest and were critical of the way he was restrained by police.
Mr Birks was suspended with…
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