S.Thangadurai v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURDE AT MADRAS

Dated: 04.02.2015 Coram The Honourable Mr.Justice K.K.SASIDHARAN W.P.No.25328 of 2014 and M.P.Nos.1 and 2 of 2014 S.Thangadurai .. Petitioner vs.

1. The Principal Secretary to Government, Home(Police-IV) Department, Secretariat, Fort St.George,

2. The Director General of Police, Police Head Quarters, Mylapore, Chennai-600 004 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, to direct the respondents herein to include the petitioner's name in the panel of DSP along with petitioner's batchmates.

For Petitioner : Mr.Dr.R.Sampathkumar For respondents : Mr.M.S.Ramesh,A.G.P.

ORDER

The petitioner is working as Inspector of Police. The petitioner was a party in TDP Case No.28 of 2010. The Tribunal (as constituted by the Commissioner for Disciplinary Proceedings) passed an order, dated 11.9.2013, dismissing the case against the petitioner therein. The petitioner herein forwarded a copy of the order, dated 11.09.2013, in TDP Case No.28 of 2010, to the first respondent, vide, letter dated 12.09.2013 and requested him to close the proceedings against him and to extend him all consequential benefits. However, there was no follow up action taken by the respondents, resulting in filing this writ petition.

2. The learned counsel for the petitioner submitted that the petitioner is due to retire on 31.07.2015. According to the https://hcservices.ecourts.gov.in/hcservices/

learned counsel, the petitioner is entitled to be promoted as Deputy Superintendent of Police. The learned counsel therefore wanted a direction to the first respondent to consider the case of the petitioner by including his name in the panel for promotion as Deputy Superintendent of Police.

3. The petitioner is given liberty to make a comprehensive representation to the first respondent. The first respondent is directed to consider and dispose of the said representation on merits and as per law and in the light of the order passed by the Tribunal in TDP case No.28 of 2010. Such exercise shall be completed within a period of two months from the date of receipt of a copy of representation.

4. The writ petition is disposed of with the above direction. No costs. Connected miscellaneous petitions are closed. msk -s/d- Assistant Registrar(CS-II) Dt:10/2/2015 True Copy Sub-Assistant Registrar To

1. The Principal Secretary to Government, Home(Police-IV) Department, Secretariat, Fort St.George,

2. The Director General of Police, Police Head Quarters, Mylapore, Chennai-600 004 + 1 cc to Government Pleader, High Court, Madras SR 5954 + 1 cc to Dr.R.Sampath Kumar, Advocate SR 5701 rsi(co) prk10/2 W.P.No.25328 of 2014 https://hcservices.ecourts.gov.in/hcservices/