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Madras High CourtWP/3786/2015disposed of

C.Munirathinam, v. The Chief Security

2015-03-25Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.3786 of 2015 C.Munirathinam ... Petitioner Vs

1. The Chief Security Commissioner, Railway Protection Force, Southern Railway, 6th Floor, Moore Market Complex, Chennai-3.

2. The Senior Divisional Security Commissioner, Railway Protection Force, Chennai Division, 5th Floor, NGO/A, Park Town, Chennai-15.

... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus, directing the respondents to pass orders on the representation dated 23.08.2013 followed by reminder representation dated 18.08.2014 seeking arrears of salary and for promotion as Head Constable consequent upon acquittal in criminal case within a time to be stipulated by this Hon'ble Court on merits and as per law.

For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.P.T.Ramkumar

O R D E R

The petitioner is working as Constable in Railway Protection Force. The petitioner was suspended from service on account of his involvement in a criminal case in C.C.No.9277 of 1995 and 1928 of 1996. The petitioner was acquitted by the Trial Court. The related appeals were also dismissed. The order of suspension was later cancelled by the second respondent on account of the acquittal of the petitioner.

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2. The petitioner submitted a representation on 18.08.2014 requesting the second respondent to pay him the arrears of salary and to consider his case for promotion as Head Constable. Since the said representation was not taken up for consideration by the second respondent, the petitioner is before this court.

3. Heard the learned counsel for the petitioner and the learned standing counsel on behalf of the respondents.

4. The second respondent is directed to consider and dispose of the representation submitted by the petitioner dated 18.08.2014 on merits and as per law and in the light of the judgment of acquittal. Such exercise shall be completed with in a period of three months from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar svki/gya To

1. The Chief Security Commissioner, Railway Protection Force, Southern Railway, 6th Floor, Moore Market Complex, Chennai-3.

2. The Senior Divisional Security Commissioner, Railway Protection Force, Chennai Division, 5th Floor, NGO/A, Park Town, Chennai-15.

1 cc to Mr.L.Chandrakumar ,Advocate, SR.No.16882 W.P.No.3786 of 2015 rsy(co) pmk.11.4.2015 https://hcservices.ecourts.gov.in/hcservices/