R.Thandayuthapani v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.07.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition No.18922 of 2018 R. Thandayuthapani

...Petitioner

Vs.

The Director General of Police, Dr Radhakrishnan Salai, Mylapore, Chennai -4.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondent to pass orders on the Mercy Petition submitted by the petitioner, dated 04.03.2018 within a reasonable time. For Petitioner : Mr.M.Muthappan For Respondent : Mr.V.Kadhirvelu Special Government Pleader

O R D E R

Heard Mr.M.Muthappan, the learned counsel appearing for the petitioner and Mr.V.Kadhirvelu, the learned Special Government Pleader who accepts notice on behalf of the respondent. With consent of the learned counsel on either side, the Writ Petition is taken up for disposal.

2.

The grievance of the petitioner, in this Writ Petition is that due to her alleged involvement in a criminal case, (which ultimately ended in her acquittal) she has been departmentally proceeded with and punishment of postponement of increment for one year has been imposed on her, against which, she has filed an Appeal to the Appellate Authority, but, the same was returned with an endorsement, indicating that ''since the Appeal has been filed beyond the period of limitation, the same cannot be entertained. However, the petitioner has been directed to submit a mercy petition to the Head of the Department. Though the petitioner submitted such mercy petition and the same was acknowledged by the respondents, as on date, no order has been passed on the same. Hence, aggrieved by the https://hcservices.ecourts.gov.in/hcservices/

inaction on the part of the respondent in consideration of such Mercy Petition, the petitioner has come to this Court seeking a writ of mandamus directing the respondent to pass orders on the Mercy Petition dated 04.03.2018 within a reasonable time. 3.

The learned Special Government Pleader appearing for the respondent submits that, if such Mercy Petition/representation is pending, the respondent shall have no objection to consider the same and pass orders, but, in accordance with law within the period, as directed by this Court.

4. Considering the nature of relief sought for by the petitioner and after hearing the learned counsel for the parties, this Court, without expressing any opinion with regard to the merits of the case projected by the petitioner, either in this Writ Petition or Mercy Petition/representation, disposes of the Writ Petition, at the stage of admission, with a direction to the respondent to take an informed and considered decision on the petitioner's Mercy Petition/representation dated 04.03.2018, if not already taken, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, if there is no other legal impediment and communicate the decision taken to the petitioner. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To The Director General of Police, Dr Radhakrishnan Salai, Mylapore, Chennai -4.

+1cc to the Government Pleader, S.R.No.51371 Writ Petition No.18922 of 2018 GSP(30/08/2018) https://hcservices.ecourts.gov.in/hcservices/