J.Ashok Kumar v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.38643 of 2015 J.Ashok Kumar ... Petitioner - Vs -

1. The Director General of Police Mylapore Chennai-4.

2. The Superintendent of Police The Nilgiris District The Nilgiris

3. The Deputy Superintendent of Police Rural Sub Division Ooty, The Nilgiris ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 16.6.2015.

For Petitioner : Mr.B.Kumarasamy For Respondents : Mr.N.Srinivasan, Additional Government Pleader

O R D E R

By consent, this Writ petition is taken up for final disposal.

2. According to the petitioner, while he was working as police constable, he was placed under suspension and on 21.02.2014, the second respondent appointed the third respondent

as a Enquiry Officer. Based on the report of the Enquiry Officer, the second respondent imposed punishment of postponement of next increment for a period of three years by order dated 02.12.2014.

3. In the meantime, the junior of the petitioner has been promoted as Special Sub Inspector of Police. But due to punishment imposed on the petitioner, he was not considered and hence, on 16.6.2015, the petitioner made a representation to the first respondent requesting him to set aside the punishment and consider his promotion. Since his representation was not considered, the petitioner approached this Court. 4.Heard the submissions of Mr.B.Kumarasamy, learned counsel for the petitioner and Mr.N.Srinivasan, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

5. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the case directs the petitioner to make a fresh representation to the first respondent, within a period of two weeks from the date of the receipt of a copy of this order and on receipt of such representation, the first respondent is directed to pass appropriate orders thereon, on merits and in accordance with law, within a period of six weeks thereafter. 6.

Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kua To

1. The Director General of Police Mylapore Chennai-4.

2. The Superintendent of Police The Nilgiris District The Nilgiris

3. The Deputy Superintendent of Police Rural Sub Division Ooty, The Nilgiris +1cc to Mr.B.Kumarasamy, Advocate, S.R.No.65854 +1cc to the Government Pleader, S.R.No.65966 W.P.No.38643 of 2015 SVI(CO) CA(16/12/2015)