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Madras High CourtWP/20866/2016disposed of

Dig K.P.S.Raghuvanshi v. Indian Coast Guard

2016-08-26Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.20866 of 2016 WMP.No.17878 of 2016 DIG K.P.S.Raghuvanshi The Officer in-charge, Coast Guard Store Depot Chennai-13 ... Petitioner Vs 1.Indian Coast Guard, through its Director General Coast Guard Headquarters, New Delhi 110001 2.The Commander, Coast Guard Headquarters Region, (East), Near Napier Bridge Chennai-9 ... Respondents Prayer:- This Writ Petition is filed to issue a Writ of Certiorari to call for the records of the 1st Respondent in Order No.OF/0303/0095-P dated 3.6.2016 and to quash the same with exceptional cost.

For Petitioner :

Mr.Silambanan, SC for Mr.Kaavya Silambanan Associates For Respondents :

*Mr.G.Rajagopalan, ASG for Mr.Venkataswamy Babu, Standing Counsel

ORDER

This Writ Petition is filed to issue a Writ of Certiorari to call for the records of the 1st Respondent in Order No.OF/0303/0095-P dated 3.6.2016 and to quash the same with exceptional cost.

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. After some elaborate arguments by the learned counsel on either side, the only apprehension of the Petitioner is that the complaint made against the Director https://hcservices.ecourts.gov.in/hcservices/

General **by the petitioner is said to be pending before the Government and in so far as the pramotion of the petitioner is concerned it is pending before the Hon'ble Supreme court. In such view of the matter necessarily this court has to take into consideration the said apprehension of the Petitioner.

4. Therefore, without going into the merits of the case, the Petitioner is permitted to give an explanation to the (***) show cause notice issued to the Petitioner to the Director General within a period of fifteen days from the date of receipt of a copy of this order, who in turn shall only forward the entire file including the proposal as well as the reply of the Petitioner to the Secretary, Ministry of Defence, who can alone take a decision as to whether at all the show cause notice has to be pursued or not.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected MP is closed.

Sd/- Assistant Registrar(CCC) (*)(**) substituted as per order dated 15.09.2016 made in WP 20866/2016.

(***) Deleted as per order dated 15.09.2016 made in WP 20866/2016.

Sd/- Assistant Registrar (CCC) 29.09.2016 //True Copy// Sub Assistant Registrar Srcm To:

1.The Director General Indian Coast Guard, To be substituted Coast Guard Headquarters, for the order New Delhi 110001 already despatched on 08.09.2016.

2.The Commander, Coast Guard Headquarters Region, (East), Near Napier Bridge Chennai-9 +1cc to Mr.Kaavya Silambanan Associates, Advocate, S.R.No.*52286 +1cc to Mr.Venkataswamy Babu, Advocate, S.R.No.*52366 +1cc to Mr.Venkataswamy Babu, Advocate, S.R.No.52366(20.9.16) W.P.No.20866 of 2016 VGI(CO) CA(08/09/2016) kra 29.09.2016 https://hcservices.ecourts.gov.in/hcservices/