R.Ravichandran v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.02.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.3228 of 2019 and W.M.P.No.3479 of 2018 R.Ravichandran

...Petitioner

Vs 1.The Secretary to Government Home (Police) Department Chennai-600 009.

2.The Director General of Police, Chennai-600 004.

3.The Commissioner of Police, Vepery, Chennai-600 007.

4.The Joint Commissioner of Police, Ambattur, Chennai-58.

....Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to Call for the records on the file of the third respondent now in Rc.No.3861/H3/2009 dated 26.10.2010 quash the same and consequently directing the respondents to regularize petitioner suspension period from 5.2.2008 to 9.3.2013 as duty period for all purposes and to give all service and monetary benefits including promotion as S.I. of Police with effect 16.05.2011 the day on which his immediate juniors were promoted as Special Sub Inspector of Police.

For Petitioner : Mr.V.Sukumar For Respondents : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

The grievance of the writ petitioner is that criminal case registered against the writ petitioner is ended with an order of acquittal.

2. The learned counsel appearing for the petitioner states that the disciplinary proceedings initiated against the writ https://hcservices.ecourts.gov.in/hcservices/

petitioner was already dropped and the petitioner was totally exonerated from the allegations set out in the charged memo issued by the disciplinary authority. Thus, the period of suspension is to be regulated with reference to the rules in force. The learned counsel appearing for the petitioner further states that on account of non regularisation of the period of suspension, the writ petitioner is unable to get his service benefits in accordance with the rules. In this regard, the writ petitioner has also submitted his representation to the 3rd respondent on 28.12.2018 and the same is yet to be considered.

3. Thus, this Court, without going into the merits of the case, the 3rd respondent is directed to consider the representation submitted by the writ petitioner on 28.12.2018 and pass orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. The writ petitioner is also directed to enclose the copy of the representation and all relevants documents, if any, along with the order passed in this writ petition.

4. with the above observation, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sk To 1.The Secretary to Government Home (Police) Department Chennai-600 009.

2.The Director General of Police, Chennai-600 004.

3.The Commissioner of Police, Vepery, Chennai-600 007.

4.The Joint Commissioner of Police, Ambattur, Chennai-58.

+1cc to Mr.V.Sukumar, Advocate, S.R.No.12989 +1cc to the Government Pleader, S.R.No.13494 W.P.No.3228 of 2019 PPA(CO) rrs 05/03/2019 https://hcservices.ecourts.gov.in/hcservices/