R.Prakasam v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.28398 of 2024 R.Prakasam S/o.Late Ramasamy ... Petitioner Vs.

1.The Union of India, represented by its Secretary, Department of Home Affairs, New Delhi.

2.The Director General of Police, Office of Director General of Police, CRPF, CGO Complex, Lodi Road, New Delhi - 110 003.

3.The Additional Director General of Police, Sought Zone, C.R.P.F, Hyderabad - 500 005.

4.The Deputy Inspector General of Police, CRPF, Pune.

5.The Commandant, Office of Commandant, 97-Battalion, CRPF, DIPHU, Assam State.

... Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of dismissal from service passed by the fourth respondent vide order dated 16.09.1997 in Ref.No.P-VIII-9/97-97-Estt-II and confirmed by the third respondent vide proceedings dated 09.11.2003 in Ref.No.R-XIII.1/03-ESTT-I and dismissal of his revision petition in ref No.R-XIII-1/2015-SZ-Legal dated 28.06.2016 and to quash the same as illegal, arbitrary, contrary to law and violative of audi alteram partem and direct the respondents to pay attendant service benefits to the petitioner within a time frame fixed by this Court and for other consequential orders. For Petitioner : Mr.R.Veeramani For Respondents : Mr.V.Chandrasekaran, Senior Panel Counsel *****

O R D E R

This writ petition has been filed challenging the proceedings of the fourth respondent dated 16.09.1997, which was confirmed by the third respondent vide proceedings dated 09.11.2003.

2. Heard Mr.R.Veeramani, learned counsel for petitioner and Mr.V.Chandrasekaran, learned Senior Panel Counsel appearing for respondents.

2/4

3. In the considered view of this Court, there is no explanation in the affidavit as to why the petitioner took nearly seven years to approach this Court and file this writ petition. The relief sought for by the petitioner is hit by laches. Hence, this Court is not inclined to entertain this writ petition.

In the result, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 09.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Secretary, Union of India, Department of Home Affairs, New Delhi.

2.The Director General of Police, Office of Director General of Police, CRPF, CGO Complex, Lodi Road, New Delhi - 110 003.

3.The Additional Director General of Police, Sought Zone, C.R.P.F, Hyderabad - 500 005.

3/4

N.ANAND VENKATESH, J gm 4.The Deputy Inspector General of Police, CRPF, Pune.

5.The Commandant, Office of Commandant, 97-Battalion, CRPF, DIPHU, Assam State.

09.09.2024 4/4