T.Selvam v. The Director General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.01.2016 Coram :

The Hon'ble Mr.Justice K.KALYANASUNDARAM W.P.No.1433 of 2016 T.Selvam ... Petitioner vs

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

2. The Deputy Inspector General of Police, Madurai Range, Madurai.

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

... Respondents Writ Petition is filed under Article 226 of the Constitution of India for issue of writ of mandamus directing the 1st respondent to consider and pass appropriate orders on the revision petition made by the petitioner dated 02.03.2015 in the light of the orders passed by this Court in R.A.No.223 of 2014 dated 13.08.2014 and to reinstate the petitioner into service with all consequential benefits within a specified period fixed by this Hon'ble Court.

For Petitioner : Mr.C.Vediappan for Mr.S.Vijayan For Respondents : Mr.S.Gunasekaran, Govt. Advocate

O R D E R

By consent, this writ petition is taken up for disposal at the admission stage itself.

2. According to the petitioner, he was appointed as Data Entry Operator in the respondents' police department on 01.09.2005. While so, he was terminated from services by the 3rd respondent on 21.11.2012 for the alleged involvement in a criminal case in Crime No.406 of 2012 on the file of the Srivilliputhur Police Station.

3. The petitioner would state that he preferred an appeal before the 2nd respondent against the order of termination and the 2nd respondent also confirmed the order. Challenging the order, the petitioner has filed revision before the 1st respondent on 02.03.2015. Since, no order has been passed, the present writ petition has been filed.

4. Heard Mr.C.Vediappan, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the respondents.

5. The learned counsel for the petitioner would submit that a similarly placed person filed a writ petition in W.P.No.23761 of 2013 and this Court vide order dated 26.08.2013 has allowed the writ petition holding that unless the employee is convicted in a criminal case, the authorities have no jurisdiction to dismiss the employee of the Government. The Review Application No.223 of 2014 filed by the respondents in the said case was also dismissed by this Court on 13.08.2014.

6. In such view of the matter, considering the limited prayer sought for by the petitioner and without going into the merits of the case, this court directs the 1st respondent to dispose of the revision filed by the petitioner, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

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

rgr -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1.The Director General of Police, Chennai - 600 004.

2.The Deputy Inspector General of Police, Madurai Range, Madurai.

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

+ 1 cc to Mr.S.Vijayan, Advocate SR 2959 + 1 cc to Govt.Pleader SR 2695 vgi(co) prk9/2 W.P.No.1433 of 2016