V.Jothi, (Gr.I.Pc 3379), v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 13.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.32513/2015 V.Jothi ..Petitioner
Versus
1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.
3.The Addl.Commissioner of Police, Chennai Traffic Police, Vepery, Chennai - 600 007.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 2nd respondent to consider the representation of petitioner dated 17.06.2015 for promotion as Head Constable on seniority and service records of the petitioner with effect from the date of promotion of petitioner immediate Junior with all consequential monetary and service benefits. For Petitioner : M/s.L.Leela Raman for L.Surya Associates For Respondents : Mr.S.Gunasekaran, GA
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner while serving as Grade-II Police Constable, was visited with disciplinary proceedings and was imposed with the punishment of reduction in time scale of pay by three stages for 3 years with cumulative effect, vide proceedings of the 2nd respondent dated 20.12.2009 and an appeal filed by the petitioner also ended in dismissal. The petitioner in this regard, has submitted a representation dated 08.11.2013 praying for promotion to the post of Head
Constable and since it was not disposed of, he filed WP.No.2986/2014 and vide order dated 05.02.2014, this Court has directed the respondents therein to consider and dispose of the petitioner's representation dated 08.11.2013 on merits and in accordance with law within the stipulated time frame. Accordingly, the 3rd respondent herein, vide order dated 15.03.2015 has informed the petitioner that as and when the period of punishment is over, the claim of the petitioner will be considered in accordance with G.O.Ms.No.15, Home [Police V] Department dated 07.01.2010. It is the further claim of the petitioner that though his punishment has already been over, his claim for promotion has not been considered. In this regard, the petitioner submitted a representation dated 17.06.
2015 to the 2nd respondent by marking a copy to the 1st respondent and 3rd respondent and though it was received and acknowledged, he has not been favoured with any response and hence, he came forward to file this writ petition. Heard the learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate, who accepts notice on behalf of the respondents.
Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the 3rd respondent to consider and dispose of the petitioner's representation dated 17.06.2015 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. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar AP
To 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.
3.The Addl.Commissioner of Police, Chennai Traffic Police, Vepery, Chennai - 600 007.
+1cc to M/s.L. Surya Associates, Advocate, S.R.No.56869 +1cc to the Government Pleader, S.R.No.57134 PPA(CO) EU(04/11/2015) W.P.No.32513/2015