L.Kavitha v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH L.Kavitha ... Petitioner Vs.

1. The Director General of Police, Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

2. The Deputy Inspector General of Police Tranining, Tamil Nadu Police Traning Headquarters, Police Training College, Ashok Nagar, Chennai 600 083

3. The Principal /Superintendent of Police, Police Training College, Ashok Nagar, Chennai 600 083

4. The Principal, Police Training School, Trichy 26 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioner mercy petition dated 08.03.2024 in accordance with law and merits within a stipulated period 1/5

of time.

For Petitioner : Mr.R.Prem Narayan For Respondents : Mr.P.Balathandayutham Special Government Pleader for R1 to R4 *****

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to consider the mercy petition filed by the petitioner on 08.03.2024 and to pass orders within the time stipulated by this Court.

2. Heard Mr.R.Prem Narayan, learned counsel for the petitioner and Mr.P.Balathandayutham, learned Special Government Pleader for respondents 1 to 4.

3.

The case of the petitioner is that while she was working as a Drill Inspector in the Police training school at Anna Nagar, Navalpet, Trichy, a charge memo came to be issued against the petitioner under Rule 3 (a) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules 1955. The petitioner underwent 2/5

departmental proceedings and ultimately, the 3rd respondent imposed punishment of postponement of increment for two years without cumulative effect through proceedings dated 01.09.2022. Aggrieved by the same, the petitioner filed an appeal before the 2nd respondent and the 2nd respondent confirmed the order passed by the 3rd respondent through proceedings dated 09.06.2023.

4.

The petitioner aggrieved by the rejection of appeal, filed the mercy petition before the 1st respondent. The grievance of the petitioner is that the 1st respondent has not dealt with the mercy petition till date. In the meantime, the petitioner is likely to be over looked for promotion to the post of Inspector. Hence, the petitioner has approached this Court seeking for appropriate directions. 5.

Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition and without going into the merits of the case, there shall be a direction to the 1st respondent to deal with the mercy petition filed by the petitioner on 08.03.2024 on its own merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a 3/5

copy of this order.

6.

The petitioner is directed to submit a fresh representation to the 1st respondent along with a copy of this order. 7.

This writ petition is disposed of with the above directions. No costs.

27.08.2024 Index: yes/no Speaking Order/Non-Speaking Order rka 4/5

N.ANAND VENKATESH, J rka To

1. The Director General of Police, Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

2. The Deputy Inspector General of Police Tranining, Tamil Nadu Police Traning Headquarters, Police Training College, Ashok Nagar, Chennai 600 083

3. The Principal /Superintendent of Police, Police Training College, Ashok Nagar, Chennai 600 083

4. The Principal, Police Training School, Trichy 26 27.08.2024 5/5