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Madras High CourtWP/4440/2021disposed of

J.Pandiarajan (Rtd. Inspector Of Police) v. The Dirctor General Of Police,

2021-02-27Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.02.2021

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.4440 of 2021 (Heard through VC) J.Pandiarajan ..Petitioner -vs1.The Director General of Police, O/o.Director General of Police, Mylapore, Chennai - 600 004.

2.The Deputy Inspector General of Police, Salem Range, Salem District.

3.The Superintendent of Police, Dharmapuri District, Dharmapuri.

..Respondents Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to disburse the Encashment of Leave Salary and Special Provident Fund as per the petitioner's representation dated 09.11.2020 based on the earlier orders of this Honourable High Court in W.P.No.16098 of 2015 dated 08.06.2015, W.P.(MD) No.1484 of 2016 dated 29.01.2016 and in W.P.(MD).No.11791 of 2017 dated 27.06.2017 within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.M.Prabhu For Respondents: Mr.J.Pothiraj Special Government Pleader

O R D E R

The petitioner has come forward with this writ petition seeking a direction to the second respondent to disburse the Encashment of Leave Salary and Special Provident Fund as per the petitioner's representation dated 09.11.2020 based on the earlier orders of this Court in W.P.No.16098 of 2015 dated 08.06.2015, W.P.(MD) No.1484 of 2016 dated 29.01.2016 and in W.P.(MD).No.11791 of 2017 dated 27.06.2017 within a specified time frame that may be fixed by this Court.

2. Mr.J.Pothiraj, learned Special Government Pleader, takes notice on behalf of the respondents.

3. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

4. According to the petitioner, a criminal case has been registered against him in Crime No.4 of 2010 U/s.7 of P.C. Act. Therefore, he was placed under suspension. In the said criminal case, he was convicted by the Sub Judge, Dharmapuri. Against the order of conviction, he has preferred an appeal before this Court in Crl.A.No.299 of 2015 and this Court had ordered suspension of sentence on 28.05.2015 and the Criminal Appeal was still pending. The petitioner was due to retire on 31.05.2015. His grievance is that he is getting subsistence allowance and also received General Provident Fund. But the Encashment of leave salary and Special Provident Fund have not been received by him. Due to the pending of the criminal case, he was not allowed to retire from service. According to him, he is entitled to get S.P.F.

and Encashment of leave salary, as per the judgment of this Court in W.P.No.16098 of 2015 dated 08.06.2015, W.P.(MD) No.1484 of 2016 dated 29.01.2016 and in W.P.(MD). No.11791 of 2017 dated 27.06.2017. He made a representation on 09.11.2020 to the second and third respondents in this regard. But they did not take any steps to sanction the said amounts. Hence, this writ petition.

5. Considering the facts and circumstances of this case, if the Petitioner's representation is already pending with the authorities concerned and, not disposed of earlier, this Court directs the respondent concerned to consider the representation of the petitioner dated 09.11.2020, if he is otherwise eligible and pass appropriate orders, in accordance with law, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, preferably within a period of 120 days from the date of receipt of a copy of this order. The petitioner shall appear for personal hearing on the specified date fixed by the respondents either physically or virtually or he shall send a written submission through registered or speed post, which can be treated as a personal hearing.

In case the petitioner fails either to appear in-person or submit his written submission, there is no bar for the respondents to pass orders on the representation based on the available documents before him and the petitioner, at a later point of time, cannot take a plea that opportunity of hearing was not afforded.

6. The petitioner shall furnish his phone number, email ID, if any, etc., along with a copy of the representation dated 09.11.2020 and this order, to the respondent concerned

forthwith. The respondent concerned is directed to communicate the decision taken on the application, to the petitioner within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/registered post/speed post, so that there is no need for the parties to file contempt after expiry of the specified period. In case the authorities concerned fail to send communication to the parties, they will have to face the civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned un-served for one reason or the other, the same shall be kept in the file without opening it for the proof of attempt of delivery, so that the parties, at a later point of time, will not take a plea that he is not aware of the order.

7. With the above directions, the writ petition is disposed of. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar rsi To 1.The Director General of Police, O/o.Director General of Police, Mylapore, Chennai - 600 004.

2.The Deputy Inspector General of Police, Salem Range, Salem District.

3.The Superintendent of Police, Dharmapuri District, Dharmapuri.

W.P.No.4440 of 2021 PMK(CO) SP(10/08/2021)