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Madras High CourtWP/32035/2019disposed of

J.Dinesh Kumar v. The Additional Chief Secretary To

2019-11-14Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.32035 of 2019 1 J.DINESH KUMAR ... Petitioner Vs 1 The Additional Chief Secretary to Government Home Department, Chennai 9 ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue appropriate Writ, Order or Direction and in particular issue a Writ in the nature of MANDAMUS, directing the respondent to take appropriate action upon the petitioners Revision Petition dated 27.6.2019. For Petitioners : Mr.N.Chinnaraj For Respondents : Mr. M.Lalitha, Government Advocate

ORDER

1.The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, to direct the respondent to take appropriate action upon the petitioner's Revision Petition dated 27.6.2019.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The case of the petitioner is that the petitioner was working in IV Battalian, Kovaipudur, Coimbatore. He was involved in a criminal case registered in Cr.No.255/2017 under Section 147, 148, 298 (b) 324, 307 and 506 (2) of IPC on the file of the Gobichettipalayam Police Station. Subsequently, the petitioner was proceeded with disciplinary proceedings which ended in removal of the petitioner from service with effect from 07.08.2017. Aggrieved by the same, it appears that the petitioner moved a mercy petition before the Director General of Police, Tamilnadu and the punishment was modified has postponed of increment of three years. Thereafter, it appears that the petitioner filed a revision petition dated 27.06.2019 before the respondent in regard to punishment imposed against him. The grievance of the petitioner is that the respondent has not considered and disposed of the revision petition. Hence the 1/2 https://hcservices.ecourts.gov.in/hcservices/

petitioner has come forward with the present Writ Petition. 4.The learned counsel for the petitioner would submit that without going into merits of the case since the revision petition filed by the petitioner has been pending without any progress before the respondent, it would suffice if this Court directs the respondent and to consider and dispose of the revision petition filed by the petitioner in accordance with law.

4.The learned Government Advocate appearing for the respondents while conceding the claim of the petitioner, he would submit that if any such direction is given by this Court, the same would be complied with and the revision petition of the petitioner would be disposed of in accordance with law. 5.Considering the facts and circumstances of the case and the submissions made on either side, without going into the merits of the case, the respondent is directed to consider and dispose of the revision petition filed by the petitioner in accordance with law and on merits, within a period of 12 weeks from the date of receipt of a copy of this order.

6.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jrs TO:

1.

The Additional Chief Secretary to Government Home Department, Chennai 9 +1cc to Government Pleader SR.NO. 95594 +1cc to Mr.N.Chinnaraj, Advocate sr.94481 W.P.Nos.32035 of 2019 pa(co) nr 02/01/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/