K.Bhuvaneswari(W Gr I v. The Director General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2023
CORAM
THE HONOURABLE MR. JUSTICE Dr.D.NAGARJUN K.Bhuvaneswari ... Petitioner Vs.
1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai 600 004.
2. The Commissioner of Police, Coimbatore.
3. The Deputy Commissioner of Police, Law and Order, Coimbatore City.
... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st respondent to consider and dispose the above said mercy petition filed by the petitioner dated 26/11/2014.
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For Petitioner : No Appreance For Respondents : Mr.R.U.Dinesh Raj Kumar Additional Government Pleader
O R D E R
This writ petition is filed seeking for a mandamus to direct the first respondent to consider and dispose the above said mercy petition filed by the petitioner dated 26.11.2014.
2. No representation on behalf of the petitioner. Learned Additional Government Pleader for the respondents is present.
3. Learned Additional Government Pleader appearing for the respondents has submitted that detailed counter has been filed stating that the petitioner's representation dated 26.11.2014 has already considered by the third respondent subsequent of the filing of this petition. It is further submitted that the Assistant Commissioner of Police, Coimbatore City, who conducted the Oral Enquiry in the above Punishment Roll sent proved minute on which the Punishing Authority i.e., the Deputy Commissioner of Police, Law and Order, Coimbatore City, awarded the punishment of postponement of increment for a period of two years with cumulative effect 2/5
on 10.03.2014. The petitioner preferred an appeal to the Commissioner of Police, Coimbatore City on 12.04.2014, against the punishment of postponement of increment for two years with cumulative effect and her appeal petition was rejected by the Commissioner of Police in Proceedings in C.No.F3/A.P-22/2014 dated 30.04.2014. Subsequently, the petitioner submitted Mercy Petition before the first respondent, requesting to cancel the punishment awarded in P.R.No.84/F1/20013 u/r 3(b) of Tamil Nadu Police Subordinate Service (Discipline an Appeal) Rules, 1955. Then she filed the present writ petition praying direction to the first respondent to consider and dispose the Mercy petition submitted by her.
4. Since the very purpose of filing of this petition has already been fulfilled on account of disposal of the Mercy petition filed by the petitioner before the first respondent subsequent to filing of this petition, the cause does not survive any more to persecute the petition. Perhaps, the same is the reason why the petitioner is not interested to prosecute this case.
5. Accordingly, this writ petition stands dismissed for non 3/5
prosecution. However, there shall be no order as to costs. 08.11.2023 Index : Yes Speaking Order (sha) To
1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai 600 004.
2. The Commissioner of Police, Coimbatore.
3. The Deputy Commissioner of Police, Law and Order, Coimbatore City.
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Dr.D.NAGARJUN . J., (sha) 08.11.2023 5/5