M.Munirathinam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.Nos.24809 to 24811 of 2015 M.Munirathinam ... Petitioner in all the W.Ps.

Vs.

1 The Superintendent of Police Tiruvallur District.

2 The Deputy Inspector General of Police Kancheepuram Range Kancheepuram.

... Respondents in all the W.Ps.

Common Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to pass orders on the appeal petition submitted by the petitioner dated 04.12.2013, 22.07.2013 and 08.09.2013 respectively, against the punishment imposed on him by the 1st respondent in Na.Ka.F2/ PR No.32/2013 Rule 3(A) dated 14.08.2013, Na.Ka.F2/ PR No.5/2013 Rule 3(A) dated 13.05.2013 and Na.Ka.F2/ PR No.21/2013 Rule 3(A) dated 08.07.2013 respectively, within a reasonable time.

For Petitioner : Mr.T.Ayngaraprabhu For Respondents : Mr.R.Vijayakumar Additional Government Pleader C O M M O N O R D E R By consent, the writ petitions are taken up for final disposal. 2.The petitioner in these writ petitions is the one and the same person who was formerly Special Sub Inspector of Police in the services of the Tamil Nadu Police Department. 3.The petitioner was issued with charge memo in P.R.No.32/2013 on 05.04.2013 alleging that when the District Inspection Cell Officer along with the Officials of the Department made a surprise raid, he was found in possession of un-accounted money of Rs.2110/- and based on the said allegation, the petitioner was issued with charge memo

and after enquiry he was imposed with punishment of postponement of two increments without cumulative effect vide order of the first respondent dated 14.08.2013. The petitioner has preferred an appeal to the second respondent on 04.12.2013 and since no orders have been passed, came forward to file the writ petition in W.P.No.24809 of 2015.

4.The petitioner was issued with charge memo in P.R.No.05/2013 on 11.02.2013 alleging that his behaviour on 10.07.2011 was undermining the majesty of the position he is holding and after enquiry he was imposed with punishment of postponement of increment without cumulative effect vide order of the first respondent dated 13.05.2013 and challenging the order of punishment, the petitioner has preferred an appeal to the second respondent on 22.07.2013 and since no orders have been passed, came forward to file the writ petition in W.P.No.24810 of 2015.

5.The petitioner was issued with charge memo in P.R.No.2/2013 on 10.05.2013 alleging that after duty hours, he used to go to his native place and indulge in some activities. After enquiry, charge framed against the petitioner has been proved and the first respondent has passed the order of punishment dated 08.07.2013 imposing postponement of one increment without cumulative effect and challenging the order of punishment, the petitioner has preferred an appeal to the second respondent on 08.09.2013 and since no orders have been passed, came forward to file the writ petition in W.P.No.24811 of 2015.

6.Heard the submissions of Mr.T.Ayngaraprabhu, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents. 7.This Court taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider and dispose of the petitioner's appeal petitions dated 04.12.2013, 22.07.2013 and 08.09.2013 respectively, on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

8.The writ petitions are disposed of accordingly. No costs. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar pri

To 1 The Superintendent of Police Tiruvallur District.

2 The Deputy Inspector General of Police Kancheepuram Range Kancheepuram.

+3 ccs to Mr.M.Muthappan, Advocate, sr.42233, 42234, 42235 +1 cc to The Govt.Pleader, sr.42373 W.P.Nos. 24809 to 24811 of 2015 ak(co) kra(2/9)