M.Boopal v. Deputy Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.23618 of 2015 M.Boopal ... Petitioner Vs.

1.Deputy Inspector General of Police Salem Range Salem.

2.The Superintendent of Police District Police Office Salem.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to disburse the terminal benefits viz, Special Provident Fund, Leave encashment and provisional pension within a stipulated period as fixed by this Hon'ble Court.

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

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner was proceeded under the provisions of Prevention of Corruption Act, 1988 in Salem Vigilance and Anti Corruption Department under section 7 and 13(2) read with 13(1)(d) for having demanded and accepted illegal gratification of Rs.4,000/- on 13.09.2012 afternoon for returning the two vehicles. The case after investigation has culminated in a charge sheet which has been taken on file by the Jurisdictional Sub Court. The petitioner was also placed under suspension on 14.09.2012 and not permitted to retire vide proceedings of the first respondent dated 28.11.2014. The petitioner came forward to file this writ petition praying for disbursement of terminal benefits such as Special Provident Fund, Leave Encashment and provisional pension.

https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner would submit that in the light of the judgment rendered by the Hon'ble Supreme Court in (2013) 12 Supreme Court Cases 210 (State of Jharkhand and others versus Jitendra Kumar Srivastava and another) coupled with the order dated 06.04.2015 made in W.P.No.9882 of 2015 (R.Sakthi Versus The Director of Survey and Land Records and another), the petitioner is entitled to the said relief.

4.Per contra, Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents would submit that the petitioner has not even submitted a representation and as and when he submits such a representation, it may be considered by the respondents.

5.Though the petitioner prayed for a larger relief, this Court in the light of the facts and circumstances and without going into the merits of the same permits the petitioner to submit a representation praying for disbursement of General Provident Fund, Special Provident Fund and Leave Encashment to him within a period of two weeks from the date of receipt of a copy of this order and the respondents on receipt of the same is directed to consider the same, in accordance with law after taking into consideration the judgment rendered in (2013) 12 Supreme Court Cases 210 (State of Jharkhand and others versus Jitendra Kumar Srivastava and another) and pass orders within a period of twelve weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar pri To 1.Deputy Inspector General of Police Salem Range Salem.

2.The Superintendent of Police District Police Office Salem.

1 cc to Mr.R.Ezhilarasan, Advocate Sr.No.40069 1 cc to Government Pleader.Sr.No.40581 W.P.No.23618 of 2015 rsi(co)pmk.21.8.2015 https://hcservices.ecourts.gov.in/hcservices/