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Madras High CourtWP/29740/2022disposed of

S.Rajendran v. The Inspector General Of Police

2022-11-09Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.29132 & 29133 of 2022 S. Rajendran .. Petitioner Vs.

1.The Inspector General of Police, West Zone, Race Course Road, Coimbatore.

2.The Deputy Inspector General of Police, Coimbatore Range, Coimbatore.

3.The Superintendent of Police, Erode District, Erode.

4.The Deputy Superintendent of Police, Erode Town Subdivision, Office of Superintendent of Police, Erode District.

5.The Inspector of Police, Karungalpalayam Police Station, Karungalpalayam Erode District.

6.The Sub Inspector of Police, Karungalpalayam Police Station, Karungalpalayam Erode District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying 1/6

for the issuance of Writ of Certiorarified Mandamus, calling for records relating to the impugned order made in Rc.No.J1/E-3347729/377/2022 dated 14.10.2022 passed by the 3rd respondent, quash the same and consequently direct the respondents to count the service of suspension period of the petitioner treated as regular service.

For Petitioner : Mr.K. Karthikeyan For Respondents : Mr.L.S.M. Hasan Fizal, Additional Government Pleader

ORDER

This Writ petition has been filed challenging the suspension order dated 14.10.2022 issued by the third respondent.

2. Heard the learned counsel for the petitioner. Mr.L.S.M. Hasan Fizal, learned Additional Government Pleader, accepts notice on behalf of the respondents. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner was issued with the aforementioned suspension order. The petitioner is a Head Constable. The petitioner contends that he is innocent. He would also submit that his promotion to the post of Sub Inspector of Police 2/6

will be affected if the suspension order continues to remain in force.

4. The learned counsel for the petitioner would submit that the promotion for the post of Sub Inspector of Police is scheduled to take place on 01.12.2022. The petitioner has already given a representation on 17.10.2022, seeking for revocation of the impugned suspension order.

5. This Court, at this stage, cannot grant any interim stay of the impugned suspension order. The only limited relief that can be granted to the petitioner is to consider his representation dated 17.10.2022, by the respondents, under which, he has sought for revocation of the impugned suspension order. Since the petitioner claims that his chances of promotion to the post of Sub Inspector of Police will be affected and the said selection process is scheduled to take place on 01.12.2022, the petitioner's representation referred to supra, seeking for revocation of his suspension order, will have to be considered by the respondents on or before 01.12.2022.

6. No prejudice will be caused to the respondents if the petitioner's representation seeking for revocation of the suspension order which is challenged in this writ petition, is considered by the respondents on merits and in accordance 3/6

with law on or before 01.12.2022.

7. For the foregoing reasons, this Court directs the third respondent to pass final orders on merits and in accordance with law, on the petitioner's representation dated 17.10.2022, seeking for revocation of the suspension order, on or before 01.12.2022.

8. With the aforesaid directions, this Writ Petition is disposed of. No costs. Connected miscellaneous petitions are closed. 09.11.2022 Speaking/Non-speaking order Index: Yes/No Internet: Yes/No Sni 4/6

To 1.The Inspector General of Police, West Zone, Race Course Road, Coimbatore.

2.The Deputy Inspector General of Police, Coimbatore Range, Coimbatore.

3.The Superintendent of Police, Erode District, Erode.

4.The Deputy Superintendent of Police, Erode Town Subdivision, Office of Superintendent of Police, Erode District.

5.The Inspector of Police, Karungalpalayam Police Station, Karungalpalayam Erode District.

6.The Sub Inspector of Police, Karungalpalayam Police Station, Karungalpalayam Erode District.

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ABDUL QUDDHOSE,J.

Sni 09.11.2022 6/6