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Madras High CourtWP/12072/2017dismissed

J.Govinda Raju (Ex.Ct/ Gd. No. v. The Director General Of Police

2017-06-02Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.06.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.12072 of 2017 J.Govinda Raju .. Petitioner -vs1. The Director General of Police, CRPF, Block No.1, CGO Complex, Lodhi Road, New Delhi - 110 003.

2. The Inspector General, CRPF, Southern Sector, Road No.10C, Jubilee Hills, Near MLA/MPs Colony, Hyderabad-33.

3. The Inspector General, CRPF, Kerala & Karnataka Sector, Bangalore-43.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records relating to the proceedings dated 09.01.2013, passed in Ref.No.R.XIII-132/12-VIG (Legal) on the file of the first respondent herein and quash the same and directing the first respondent to consider the petitioner for withdrawal of resignation and reinstatement of the petitioner in CRPF Services, by considering the representation dated 26.08.2014 addressed to the first respondent, within a time frame as may be fixed by this Court.

For Petitioner :

Mr.P.Raja

O R D E R

This writ petition has been filed by the petitioner seeking a direction to consider him for withdrawal of resignation and reinstatement in CRPF Services, by considering his representation dated 26.08.2014 addressed to the first respondent, within a time frame as may be fixed by this Court.

2. The case of the petitioner is that he was appointed as CT/GD in the Central Reserve Police Force (CRPF) on 13.09.2004. Due to his medical condition, he has submitted an application for discharge from service to the Commandant - 140 Bn., CRPF and the same has been accepted by the competent authority vide order dated 10.05.2010. As the petitioner is now healthy to rejoin in the Police Force, he has submitted an application dated 17.05.2012 to the first respondent for his re-employment in CRPF with necessary medical records. However, the first respondent by way of a letter dated 09.01.2013, rejected the petitioner's request for re-employment. Aggrieved over the said order of rejection, the petitioner again sent a representation dated 26.08.2014 to the first respondent. As there was no response from him, he is before this Court.

3. A perusal of the affidavit shows that admittedly the petitioner suffered from serious ailment and he himself has made a request for discharging his duties from service and the same has also been accepted by the competent authority vide order dated 10.05.2010. After taking treatment for his ailment, the petitioner seeking re-employment by way of his application dated 17.05.2012 and the same has been rejected vide order dated 09.01.2013. Now after four long years, the petitioner has come to this Court challenging the said rejection order dated 09.01.2013 by way of filing this petition. Therefore, this Court is not inclined to entertain this petition, by invoking Article 226 of the Constitution of India, in favour of the petitioner, who is found to be guilty of laches. Accordingly, the Writ Petition fails and the same is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vga To

1. The Director General of Police, CRPF, Block No.1, CGO Complex, Lodhi Road, New Delhi - 110 003.

2. The Inspector General, CRPF, Southern Sector, Road No.10C, Jubilee Hills, Near MLA/MPs Colony, Hyderabad-33.

3. The Inspector General, CRPF, Kerala & Karnataka Sector, Bangalore-43.

+1cc to Mr.P.Raja, Advocate, S.R.No.40177 +1cc to M/s.S.Meena Kumari, Advocate, S.R.No.40530 W.P. No.12072 of 2017 CS/21/06/17