A.Duraisamy v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.No.14586/2021 [Video Conferencing] A.Duraisamy .. Petitioner Vs 1.The Secretary to Government Home Department, Secretariat Chennai - 9.
2.The Director General of Police No.4, Radhakrishnan Road Mylapore, Chennai-4.
3.The Additional General of Police Armed Police, Chennai-10.
4.The Deputy Inspector General of Police Armed Police, Chennai-10.
5.The Assistant Commandant-III TSP VII, BN, Pochampalli Krishnagiri District.
.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the respondents to reinstate the petitioner in service with all benefits following the procedure stated in the Police Standing order 67 within the time stipulated by this Court based on his mercy petition dated 08.04.2021. For Petitioner :
Mr.E.C.Ramesh For Respondents :
Mr.C.Kathiravan Government Advocate
ORDER
1.
By consent, the writ petition is taken up for final disposal and disposed of by this order.
2.
Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the respondents.
3.
The petitioner has filed the present writ petition seeking for issuance of a writ of mandamus, directing the respondents to reinstate the petitioner in service with all benefits following the procedure stated in the Police Standing order 67 within a time stipulated by this Court based on his mercy petition dated 08.04.2021. 4.
The case of the petitioner is that the petitioner joined the service as Secondary Grade Police on 01.02.2011. Since his wife committed suicide, a case has been registered against the petitioner and his family members, based on a complaint. The Sessions Judge, Mahila Court, Salem, convicted the petitioner and his family members and sentenced them to undergo imprisonment apart from payment of fine, vide judgment in SC.No.110/2015 dated 31.07.2017. It is stated that based on the said conviction and sentence, the petitioner was dismissed from service on 07.08.2017.
The Criminal Appeal preferred by him before this Court, in Crl.A.No.509/2019, has been allowed, setting aside the conviction and sentence imposed on the petitioner and others. Citing this judgment of acquittal, the petitioner submitted a representation / mercy petition to the respondents on 08.04.2021 seeking reinstatement.
5.
Learned counsel for the petitioner would submit that the petitioner will be satisfied if a direction is issued to the 2nd respondent to consider and pass orders on the petitioner's mercy petition/representation dated 08.04.2021 on merits within the stipulated time frame. 6.
This Court heard the submissions of the learned Government Advocate appearing for the respondents and perused the materials placed before it.
7.
Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances of the case and without going into the merits of the claim made by the petitioner, directs the 2nd respondent to consider and dispose of the petitioner's representation/mercy petition dated 08.04.2021 on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein.
8.
The writ petition stands disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar AP To 1.The Secretary to Government
Home Department, Secretariat Chennai - 9.
2.The Director General of Police No.4, Radhakrishnan Road Mylapore, Chennai-4.
3.The Additional General of Police Armed Police, Chennai-10.
4.The Deputy Inspector General of Police Armed Police, Chennai-10.
5.The Assistant Commandant-III TSP VII, BN, Pochampalli Krishnagiri District.
+1cc to Mr.E.C.Ramesh, Advocate SR.No. 33334 +1 cc to Government Pleader Sr.No. 33931 WP.No.14586/2021 CP(CO) A.SK(06.08.2021)