K.Ramesh, Hc 243 / Rpt v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P. No.18978 of 2024 K.Ramesh ... Petitioner Vs
1. The Secretary to Government, Home (Police) Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2. The Director General of Police, Tamil Nadu Police Head Quarters, Mylapore, Chennai - 600 004.
3. The Commissioner of Police, Commissioner's Office, Vepery, Chennai - 600 007.
4. The Dy. Commissioner of Police, Armed Reserve, Greater Chennai, Chennai - 600 008.
5. The Superintendent of Police, O/o. The District Superintendent of Police, Ranipet District.
... Respondents 1/5
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records in connection with Charge Memo in PR No. 239/PR II (2) 2005 dated 19.08.2005 issued by the Deputy Commissioner of Police, Armed Reserve, Greater Chennai - 8/the fourth respondent herein and order of the punishment vide PR No. 239/PR II (2)/2005 dated 18.11.2010 passed by the Commissioner of Police/third respondent herein, quash the same and consequently direct the respondents to extend all service benefits, including promotion in the light of the order dated 03.10.2023 passed by the Hon'ble Division Bench of this Court in W.A. No. 1180 of 2022. For Petitioners : Dr. R.Sampath Kumar For Respondents : Mr. E.Vijay Anand, Additional Government Pleader
O R D E R
This Writ Petition has been filed challenging the Charge Memo dated 19.08.2005 issued by the fourth respondent herein and order of the punishment dated 18.11.2010 passed by the third respondent herein and consequently direct the respondents to extend all service benefits, including 2/5
promotion in the light of the order dated 03.10.2023 passed by the Hon'ble Division Bench of this Court in W.A. No. 1180 of 2022.
2. On a perusal of records, it is seen that the Writ Petition has been filed after a period of 14 years from the date of punishment. Therefore, this Writ Petition itself cannot be considered on the ground of latches. However, the petitioner submitted representation dated 27.12.2023 as against the order of punishment in view of the similarly placed person case was considered and the Division Bench of this Court dismissed the appeal filed by the respondents.
3. Therefore, without expressing any opinion on merits of the writ petition, the second respondent is directed to consider the representation of the petitioner dated 27.12.2023 after issuance of notice to the petitioner and counter parties, if any and after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 3/5
4. With the above directions, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 01.07.2024 2/2 Index:Yes/No kv To
1. The Secretary to Government, Home (Police) Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2. The Director General of Police, Tamil Nadu Police Head Quarters, Mylapore, Chennai - 600 004.
3. The Commissioner of Police, Commissioner's Office, Vepery, Chennai - 600 007.
4. The Dy. Commissioner of Police, Armed Reserve, Greater Chennai, Chennai - 600 008.
5. The Superintendent of Police, O/o. The District Superintendent of Police, Ranipet District.
4/5
G.K.ILANTHIRAIYAN, J.
kv 01.07.2024 2/2 5/5