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Madras High CourtWP/14574/2018disposed of

C.Velu Gr.I.Pc 36354, v. The Director General Of Police

2018-06-18Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18-06-2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.14574 of 2018 C.Velu Gr.I PC 36354 ..

Petitioner

Versus

1.The Director General of Police, Kamarajar Salari, Mylapore, Chennai-600 004.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

3.The Joint Commissioner of Police, South Zone, St. Thomas Mount, Chennai-16.

4.The Deputy Commissioner of Police, St. Thomas Mount District, Chennai-16.

5.The Assistant Commissioner of Police, T.Nagar Range, O/o.R-1 Mambalam Police Station, Chennai-17.

..

Respondents PRAYER:

Writ petition is are filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to dispose the Appeal dated 14.3.2018, which is pending before the second respondent. For Petitioner : Mr.A.Rajaram For Respondents : Mr.V.Kathirvelu, Special Government Pleader.

ORDER

The relief sought for in this writ petition is for a direction to direct the second respondent to dispose of the appeal dated 14.3.2018, which is pending before the second respondent.

2. The learned counsel, appearing on behalf of the writ petitioner, made a submission that the writ petitioner was serving as a Grade-I Police Constable in Chennai City and disciplinary proceedings were initiated against him under the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955.

3. A charge under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 was issued by the fourth respondent respondent in proceedings dated 5.5.2017. An enquiry was conducted and based on the enquiry report, the punishment of compulsory retirement was imposed on the writ petitioner. Against the order of punishment, imposing the punishment of compulsory retirement, the writ petitioner preferred an appeal before the second respondent on 14.3.2018 and the same is yet to be disposed of.

4. In view of the fact that the major penalty has been imposed on the writ petitioner, the writ petitioner is constrained to move the present writ petition for the early disposal of the appeal pending before the second respondent. In view of these facts, the second respondent is directed to consider the appeal preferred by the writ petitioner on 14.3.2018 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar Svn

To 1.The Director General of Police, Kamarajar Salari, Mylapore, Chennai-600 004.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

3.The Joint Commissioner of Police, South Zone, St. Thomas Mount, Chennai-16.

4.The Deputy Commissioner of Police, St. Thomas Mount District, Chennai-16.

5.The Assistant Commissioner of Police, T.Nagar Range, O/o.R-1 Mambalam Police Station, Chennai-17.

+1cc to Mr.A.RAJARAM, Advocate, S.R.No. 38061 W.P.No.14574 of 2018 KK(CO) TR(22/06/2018)