A.Balasubramanian v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN W.P.Nos.1411 and 1412 of 2015 and connected MPs A.Balasubramanian [ Petitioner in both WPs ] Vs 1 The Secretary to Government Home (Police 2) Department Fort St. George Chennai-9 2 The Director General of Police Mylapore Chennai-4 [Respondents in WP.No.1411/15] The Joint Commissioner of Police West Zone Chennai Police Ambattur Estate Chennai-600 056 [Respondent in WP.No.1412/15] Writ Petition No.1411/15 filed under Article 226 of the Constitution of India to issue a writ of mandamus, to direct the respondents to include the petitioners name in the panel and promote the petitioner as Deputy Superintendent of Police Writ Petition No.1412/15 filed under Article 226 of the Constitution of India to issue a writ of certiorari to call for the records connected with the Charge Memo issued in Tha.Pa.No.54/ May.Ma./2012 dated 27.7.2012 passed by the Respondent herein and quash the same.

For Petitioner : Mr.S.Ilamvaludhi For Respondents : Mr.M.S.Ramesh, AGP C O M M O N O R D E R The challenge in W.P.No.1412 of 2015 is to the charge memo dated 27.07.2012 on the file of the respondent. The petitioner in W.P.No.1411 of 2015 seeks a writ of mandamus directing the respondents to include his name in the panel for promotion to the

post of Deputy Superintendent of Police.

2. The charge memo issued by the respondent is challenged primarily on the ground that the disciplinary authority has not taken any action to dispose of the proceedings pending against him. According to the petitioner, in view of pendency of the disciplinary proceedings, he is denied of his chance to get promotion to the post of Deputy Superintendent of Police. The petitioner, has therefore, come up with these two writ petitions one challenging the charge memo and another for a direction to include his name for promotion.

3. When these two writ petitions came up for admission on 22.01.2015, the learned counsel for the petitioner fairly submitted that the petitioner would be satisfied in case an outer time limit is prescribed for conclusion of the disciplinary proceedings. Accordingly, I directed the learned Additional Government Pleader to take instructions with regard to the time required for disposal of the disciplinary proceedings

4. Today, the learned Additional Government Pleader, on instructions, submitted that the respondent would pass final orders within a period of one month.

5. The respondent, the Joint Commissioner of Police, West Zone, Chennai Police, Chennai, is directed to conclude the disciplinary proceedings initiated against the petitioner vide memo dated 27.07.2012, as expeditiously as possible, and in any case, within a period of four weeks from the date of receipt of a copy of this order. The question of including the name of the petitioner for promotion to the post of Deputy Superintendent of Police would be decided by the respondents subject to the orders to be passed in the disciplinary proceedings.

The Writ Petitions are disposed of with the above direction. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg To 1 The Secretary to Government Home (Police 2) Department Fort St. George Chennai-9 2 The Director General of Police Mylapore Chennai-4

3. The Joint Commissioner of Police West Zone Chennai Police Ambattur Estate Chennai-600 056.

1 cc to Mr. S.Ilamvaludhi,Advocate, SR.No.5606 1 cc to Government Pleader,Sr.No.5546 W.P.Nos.1411 and 1412 of 2015 pmk.5.2.2015