K.Sankaran v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.15447 of 2016 and WMP.No.13467 of 2016 K.Sankaran ... Petitioner .Vs.

1. The State of Tamil Nadu Rep by its Special Secretary, Home (Pol.IX) Department, Fort St. George, Chennai 9

2. The Director General of Police, Mylapore, Chennai-4.

3. The Inspector General of Police (Armed Police), Kilpauk, Chennai 10.

4. The Deputy Inspector General of Police (Armed Police), Kilpauk, Chennai-10.

5. The Commandant, Tamil Nadu Special Police II Battalion Avadi, Chennai 54.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondents pertaining to the order of the 5th respondent made in his proceedings in P.R.No. 34/97, dated 13.10.1997, removing the petitioner from service, confirmed by the 4th respondent in Na.Ka.No.B2/1657/98, dated 01.04.1998, subsequent to the order passed by 1st respondents G.O. (2D) No.408, dated 23.09.2009, re-confirming the removal

from service and quash the same and consequently, direct the respondents to reinstate the petitioners into service with all attendant benefits on the basis of the petitioner's representation dated 25.02.2015.

For Petitioner : Mr.R.Thanjan For Respondents : Mr.R.Vijayakumar Additional Government Pleader

ORDER

The petitioner Mr.K.Sankaran, has come to this Court, challenging the order of removal dated 13.10.1997 by the 5th respondent, which was confirmed by the 4th respondent dated 01.04.1998, and again, confirmed by the 1st respondent in G.O. (2D)No.408, dated 23.09.2009 and consequently, to direct the respondents to reinstate the petitioners into service with all attendant benefits on the basis of the petitioner's representation dated 25.02.2015.

2.When the order of removal of the petitioner from service has been confirmed by the Appellate authority and the Revisional authority, by order dated 01.04.1998 and again confirmed in G.O. (2D)No.408, dated 23.09.2009, the petitioner was keeping quiet for a long time and now, he has come to this Court with a huge unexplained delay. Therefore, this Court finds no merits in this case. Hence, the Writ Petition fails.

Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mps To

1. The Special Secretary, State of Tamil Nadu, Home (Pol.IX) Department, Fort St. George, Chennai 9

2. The Director General of Police, Mylapore, Chennai-4.

3. The Inspector General of Police (Armed Police), Kilpauk, Chennai 10.

4. The Deputy Inspector General of Police (Armed Police), Kilpauk, Chennai-10.

5. The Commandant, Tamil Nadu Special Police II Battalion Avadi, Chennai 54.

+1cc to Mr.R.Thanjan, Advocate, S.R.No.26742 +1cc to the Government Pleader, S.R.No.26331 W.P.No.15447 of 2016 and W.M.P.No.13467 of 2016 UG(CO) CA(25/05/2016)