K.Ganapathy v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA K.Ganapathy
...Petitioner
Vs.
The Additional Chief Secretary to Government, Home (Pol.2) Department, Secretariat, Fort St. George, Chennai - 9.
...Respondent
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider and pass orders on the representation made by the petitioner dated 07.07.2025, to cancel the punishment imposed on him in PR.No.253/2005 dated 16.04.2016 imposed by the Commissioner of Police, Greater Chennai Police and the rejection order issued in Rc.No.0011326/AP3(2)/2022 dated 02.08.2022 issued by the Director General of Police, Tamil Nadu within a limited time frame.
For Petitioner : Mr.M.Muthappan For Respondent : Mr.Yogesh Kannadasan, Spl.GP 1/6
ORDER
This Writ petition has been filed seeking to direct the respondent to consider and pass orders on the petitioner's representation dated 07.07.2025, to cancel the punishment imposed on him in PR.No.253/2005 dated 16.04.2016 imposed by the Commissioner of Police, Greater Chennai Police and the rejection order issued in Rc.No.0011326/AP3(2)/2022 dated 02.08.2022 issued by the Director General of Police, Tamil Nadu.
2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice on behalf of the respondent. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that, he entered into the service as a directly recruited Grade-II Police Constable by the Superintendent of Police, Chennai East District on 16.06.1993 and posted to Chennai District Armed Reserve and was subsequently promoted as Grade-I PC in the year 2003. While so, the Petitioner was issued with a charge memo on 19.08.2005, 2/6
framing three charges. Though the petitioner denied the said charges levelled against him, ultimately, he was placed under suspension on 11.08.2005 and the Additional Commissioner of Police, Chennai proceeded with the disciplinary proceedings. In the mean time, the petitioner was further promoted as Head Constable in the year 2008. While so, though none of the prosecution witnesses have deposed against the petitioner in the oral enquiry. the Assistant Commissioner of Police, AR Trichy, who conducted the oral enquiry, held that all the charges levelled against the petitioner has been proved. Immediately, the petitioner submitted a detailed representation and in the meanwhile, pending finalization, the petitioner was reinstated into service on 16.10.2009.
Thereafter, a punishment of postponement of increment for a period of 2 years without cumulative effect has been imposed on the petitioner, by an order dated 16.04.2016. Aggrieved by the same, the petitioner submitted a Memorial to the Director General of Police on 08.12.2021, mentioning all the above details and requested to cancel the punishment, based on the decisions rendered by this Court in the Writ petitions filed by the similarly placed persons. However, the same was rejected by proceedings dated 02.08.
Force, Chennai. Therefore, the petitioner made a representation/mercy petition before the respondent on 07.07.2025, to cancel the punishment imposed on him, however, the same evoked no response. Hence, this Writ petition.
4. Heard learned counsel on either side and perused the materials available on record.
5. Though very many grounds have been raised by the learned counsel on either side, at the time of arguments, the learned counsel for the petitioner restricted the prayer and submitted that, it would suffice, if this Court issues direction to the respondent to consider the petitioner's representation/mercy petition dated 07.07.2025 and pass appropriate orders, as early as possible.
6. In view of the above, this Court, without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 07.07.2025 and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a 4/6
copy of this order, after affording opportunity of hearing to the petitioner.
7. With the above directions, this Writ petition stands disposed of. No costs.
11.09.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
The Additional Chief Secretary to Government, Home (Pol.2) Department, Secretariat, Fort St. George, Chennai - 9.
A.D.JAGADISH CHANDIRA, J.
skt 5/6
11.09.2025 6/6