D.Senthamil Selvan v. The Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH D.Senthamil Selvan ... Petitioner Vs

1. The Inspector General, CISF South Sector Head Quarters, Chennai Port trust Campus, Chennai 600 009.

2. The Group Commandant, CISF GP Headquarters, Hyderabad.

3. The Deputy Inspector General, Central Industrial Security Force, Ministry of Home Affairs, CISF SZ-II Hqrs, NISA Campus, Hakimpet, Hyderabad 500 078.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider and dispose of the Revision Petition dated 06.06.2022 within a time frame to be fixed by this Court.

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For Petitioner : Mr.V.Vijayashankar For Respondents : Mr.C.Kulanthaivel Senior Panel Counsel

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2.The petitioner herein had filed a Revision Petition before the first respondent on 06.06.2022 to set aside the order of removal from service. Since the said Revision was not disposed of till now, the present writ petition has been filed.

3.It is needless to point out that whenever a Revision Petition/ representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the Revision Petition/ representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary 2/4

powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

4.In the light of the above observations, there shall be a direction to the respondents herein to consider and dispose of the petitioner's Revision Petition dated 06.06.2022, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondents to consider the same on its own merits. 6.With the above direction, the Writ Petition stands disposed of. No costs.

16.06.2023 Index:Yes/No Speaking order/Non-speaking order vga 3/4

M.S.RAMESH,J.

vga To

1. The Inspector General, CISF South Sector Head Quarters, Chennai Port trust Campus, Chennai 600 009.

2. The Group Commandant, CISF GP Headquarters, Hyderabad.

3. The Deputy Inspector General, Central Industrial Security Force, Ministry of Home Affairs, CISF SZ-II Hqrs, NISA Campus, Hakimpet, Hyderabad 500 078.

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