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Madras High CourtWP/20577/2014disposed of

S.P.Pandiyan, v. State,

2017-10-31Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.20577 of 2014 S.P.Pandiyan ... Petitioner Vs

1. State rep by The Commissioner of Police, Greater Chennai Police, Vepery,Chennai-600 007.

2. The Deputy Commissioner of Police, Mylapore District, Chennai-600 004.

3. The Assistant Commissioner of Police, Adayar Range, Chennai.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 14.05.2014 and consequently given promotion to the petitioner's with to attend all other monetary benefits.

For Petitioner : Mr.G.Anbuchezheian For R1 & R2 : Mrs.K.Bhuvaneswari Government Advocate

O R D E R

The relief sought for in this writ petition is for a direction to the respondents to consider the petitioner's representation dated 14.05.2014 and consequently given promotion to the petitioner's with to attend all other monetary benefits. 2.The learned counsel appearing for the petitioner made a submission that the charge memo was issued to the writ petitioner and the disciplinary proceedings were initiated against the writ petitioner and ended with an order of punishment in proceedings dated 27.06.2013. The punishment of

postponement of increment for one year without cumulative effect was issued against the writ petitioner. During the period of punishment, he was not considered for promotion to the higher post.

However, the petitioner attained the age of superannuation on 30.06.2013 and retired from service. This apart, a criminal case was also registered against the writ petitioner in this regard.

3.The learned counsel appearing for the petitioner further states that the writ petitioner was acquitted in the Criminal Case. When there were no impediments for granting promotion to the writ petitioner, his case was not considered. However, in this regard, the writ petitioner submitted a representation to the respondent on 14.05.2014. It is for the respondents to consider all these factors, take a decision and communicate the same to the writ petitioner.

4.Thus, without going into the merits of the matter, the first respondent is directed to consider the representation submitted by the writ petitioner on 14.05.2014 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the representation and all other relevant documents along with the order passed by this Court.

5.Accordingly, the writ petition stands disposed of. However, there is no order as to costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ah To

1. The Commissioner of Police Greater Chennai Police, Vepery,Chennai-600 007.

2. The Deputy Commissioner of Police Mylapore District, Chennai-600 004.

3. The Assistant Commissioner of Police Adayar Range, Chennai +1 CC to Mr.G. Anbuchezhiyan, Advocate sr 77772. +1 Cc to Govt. Pleader sr 77680.

W.P.No.20577 of 2014 SP(05/12/2017)