Madras High CourtWA/1112/2017disposed of

C.Jayaraj,Constable / General v. The Director General Of Police

2017-10-113 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1112 of 2017 and C.M.P.Nos.15525 & 15526 of 2017 C.Jayaraj Appellant/petitioner

Versus

1 The Director General of Police Directorate General CRPF CGO Complex Lodhi Road New Delhi - 110 003.

2 The Inspector General of Police Southern Sector CRPF Road No.10C Jubilee Hills Near MLA / MPs Colony Gayathri Hills Hyderabad - 500 033 3 The Deputy Inspector General of Police Chennai Range HQr. CRPF Avadi, Chennai 600 065.

4 The Deputy Inspector General of Police(Medical) Composite Hospital GC CRPF Hyderabad Telengana Pin.500 005.

5 The Commandant 42Bn CRPF District Police Training Centre Lalacheruvu Post Rajahmundry Andra Pradesh - 533 106.

Respondents/Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 28.6.2017 passed in W.P.No.16146 of 2017 on the file of this court.

WP.16146/2017 Petition under Article 226 of the constitution of India, praying for the issue of a writ of certiorarfied mandamus, calling for the records pertaining to the order of 5th respondent dated

29.04.2017 in proceedings No. MIII.1 / 17-42EC-2 by which the petitioner was sent on medical invalidation from service and quash the same and consequently direct the respondents herein to retain the petitioner in service. For appellant : Ms.R.Meenakshi For respondents : Mr.T.L.Thirumalaisamy

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties for some time.

2. The writ appeal is filed by the appellant/writ petitioner challenging the order passed by the learned Single Judge declining to interfere with the order invalidating him from CRPF service on the ground that he is addicted to liquor.

3. Learned counsel for the appellant/writ petitioner submitted that the appellant is only 37 years old and his case may be considered sympathetically by giving one more opportunity to him to get treatment in some de-addiction centre.

4. At this stage, it is brought to the notice of this court that even when he was getting treatment in ortho department, he was found under the influence of alcohol. The learned Single Judge has also observed the submission of the appellant/writ petitioner in his own affidavit with regard to the factum of taking alcohol by the appellant. Therefore, we do not find any justification or any meaning to take any chance by referring the appellant for any more de-addiction Centres especially, when he is addicted to alcohol to this extent at his middle age of 37 itself. The writ appeal sans merit and accordingly, it is dismissed. No costs. The connected miscellaneous petitions are also dismissed.

/sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar ssk.

To:

1 The Director General of Police Directorate General CRPF CGO Complex Lodhi Road New Delhi - 110 003.

4 The Deputy Inspector General of Police(Medical) Composite Hospital GC CRPF Hyderabad Telengana Pin.500 005.

5 The Commandant 42Bn CRPF District Police Training Centre Lalacheruvu Post Rajahmundry Andra Pradesh - 533 106.

+1 CC to Mr. T.L. Thirumalaisamy , Advocate Sr.No. 72896 +1 CC to Mr. R. Meenakshi , Advocate Sr.No. 72901 W.A.No.1112 of 2017 MD: 24/11/2017