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Madras High CourtWP/30320/2013dismissed

M.Umayasakthi v. The Director General Of

2017-03-23Honourable Mr Justice N. Kirubakaran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23-03-2017 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P Nos.30320 to 30323 of 2013 M.Umayasakthi ..

Petitioner in all WPs Vs 1.THE DIRECTOR GENERAL OF POLICE DR. RADHAKRISHNAN SALAI MYLAPORE, CHENNAI - 4.

2.THE SUPERINTENDENT OF POLICE RAMANATHAPURAM , RAMANATHAPURAM DISTRICT.

..

Respondents in all WPs 3.THE DEPUTY SUPERINTENDENT OF POLICE KAMUTHI SUB DIVISION RAMANATHAPURAM DISTRICT. ..

3rd respondent in WP No.30320/2013 4.THE ADDITIONAL SUPERINTENDENT OF POLICE DISTRICT CRIME RECORDS BUREAU RAMANATHAPURAM RAMANATHAPURAM DISTRICT ..

3rd respondent in WP No.30321/2013 5.THE DEPUTY SUPERINTENDENT OF POLICE THIRUVADANAI, RAMANATHAPURAM DISTRICT ..

3rd respondent in WP No.30322/2013 6.THE DEPUTY SUPERINTENDENT OF POLICE RAMANATHAPURAM SUB DIVISION RAMANATHAPURAM DISTRICT ..

3rd respondent in WP No.30323/2013

Prayer in WP No.30320/2013 :- Writ petition is filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records of the impugned proceedings of the 1st respondent in his proceedings in Na. Ka. No.245629/Mey. Mu.1(2)/2011 dt 27.2.2013 confirming the order of the 2nd respondent in his proceeding in F1/P.R. No. 46 of 2002 dt 25.5.2004 and quash the same and consequently give the suitable promotion to the petitioner with all attendants benefits.

Prayer in WP No.30321/2013 :- Writ petition is filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records of the impugned proceedings of the 1st respondent in his proceedings in Rc. No.113949/AP1(2)/2009 dt 2.8.2009 confirming the order of the 2nd respondent in his proceeding in PR No.63 of 1995 dt 16.2.1997 and quash the same and consequently give the suitable promotion to the petitioner with all attendants benefits.

Prayer in WP No.30322/2013 :- Writ petition is filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records of the impugned proceedings of the 1st respondent in his proceedings in Rc. No.113947/AP1(2)/2009 dt 2.8.2009 confirming the order of the 2nd respondent in his proceeding in PR No.72 of 2000 dt 17.2.2001 and quash the same and consequently give the suitable promotion to the petitioner with all attendants benefits.

Prayer in WP No.30323/2013 :- Writ petition is filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records of the impugned proceedings of the 1st respondent in his proceedings in Na. Ka. No. 245634/Mey. Mu. 1(2)/2011 dt 11.2.2013 confirming the order of the 2nd respondent in his proceeding in PR No.93 of 2000 dt 4.5.2001 and quash the same and consequently give the suitable promotion to the petitioner with all attendants benefits. For Petitioner : Mr.K.K.Ramakrishnan in all WPs For Respondents: Mr.Venkatramani, in all WPs Addl.Advocate General assisted by Mr.P.Sanjay Gandhi Additional Govt. Pleader

COMMON ORDER The delay is fatal in all these cases. The petitioner joined the respondent police on 17.01.1986 as a Grade II Police Constable in the Kamuthu Special Reserve Police and subsequently promoted as Head Constable and now working in Abiramam Police Station, Ramanathapuram District. The petitioner deserted himself from duty four times and he was charged for desertion. Following is the tabular column showing the period of desertion, date of punishment and the mercy petition filed by the petitioner.

Srl.No.

Date of Absent Desertion order Final Desertion order Date of mercy petition Dismissal date of mercy petition 01.02.1995 to 21.02.1995 05.04.1995 16.02.1997 30.06.2009 02.08.2009 08.03.2000 11.05.2000 22.02.2001 30.06.2009 02.08.2009 03.07.2000 to 23.07.2000 14.11.2000 04.05.2001 31.12.2010 11.02.2013 05.06.2002 25.05.2004 31.11.2011 31.11.2011 27.02.2013

2. From the above, it is very clear that the petitioner, after suffering orders, almost after a period of five (5) years, preferred mercy petitions, without availing other statutory remedies, except in W.P No.30321/2013. When the punishments have reached finality, the same cannot be revived by filing belated mercy petitions for getting an order and the same cannot be challenged before this Court.

3. Though the rejection order passed in mercy petitions does not speak about delay, the facts would undoubtedly prove the latches on the part of the petitioner. Therefore, the petitions are liable to be dismissed. That apart, the police force is a disciplinary force and even absent of one member of the force would go against the public interest. So no leniency could be shown.

4. In the result, these writ petitions are dismissed. No costs.

-s/dAssistant Registrar(CSII) True Copy Sub-Assistant Registrar To 1.THE DIRECTOR GENERAL OF POLICE DR. RADHAKRISHNAN SALAI MYLAPORE, CHENNAI - 4.

2.THE SUPERINTENDENT OF POLICE RAMANATHAPURAM , RAMANATHAPURAM DISTRICT.

3.THE DEPUTY SUPERINTENDENT OF POLICE KAMUTHI SUB DIVISION RAMANATHAPURAM DISTRICT.

4.THE ADDITIONAL SUPERINTENDENT OF POLICE DISTRICT CRIME RECORDS BUREAU RAMANATHAPURAM RAMANATHAPURAM DISTRICT 5.THE DEPUTY SUPERINTENDENT OF POLICE THIRUVADANAI, RAMANATHAPURAM DISTRICT 6.THE DEPUTY SUPERINTENDENT OF POLICE RAMANATHAPURAM SUB DIVISION RAMANATHAPURAM DISTRICT +4 ccs to Mr.K.K.Ramakrishnan Advocate sr 18139 +1 cc to the Government Pleader High Court Madras sr 18288 W.P Nos.30320 to 30323 of 2013 br(co) aa12/04/2017