Rajesh Das Ips v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA Rajesh Das, IPS, Son of Pranabandhu Das, No.19, Raja Street, Vaikuntam, Kalyani Nagar, Kottivakkam, Chennai - 600 041.

.. Petitioner Vs.

1.Union of India, Rep. by the Secretary to Government, Ministry of Home Affairs, New Delhi - 110 001.

2.State of Tamil Nadu, Rep. by the Chief Secretary, Fort St. George, Chennai - 600 009.

3.The Principal Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

4.The Director General of Police - Tamil Nadu, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

5.Jayashree Raghunandan, IAS, 1/6

The Inquiry officer cum Chairperson, Internal Complaints Committee, O/o. Additional Chief Secretary to Government, Planning and Development Department, Secretariat, Chennai - 600 009.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Central Administrative Tribunal, Chennai to dispose of the O.A.No.970 of 2021 within the time frame fixed by this Court.

For Petitioner : Mr.M.Vijayamehanath For R1 : Mr.J.Madhanagopal Senior Panel Counsel CG For RR 2 to 4 : Mr.E.Vijay Anand Additional Government Pleader

O R D E R

(Order of the Court was delivered by V.M.VELUMANI,J.) The petitioner has come out with the present Writ Petition for a direction to the Central Administrative Tribunal, Chennai to dispose of O.A.No.970 of 2021, within the time frame fixed by this Court. 2.By consent of learned counsel appearing for the petitioner, Mr.J.Madhanagopal, learned Senior Panel Counsel CG, who takes notice for 1st respondent and Mr.E.Vijay Anand, learned Additional Government Pleader, who takes notice for the respondents 2 to 4, this Writ Petition is 2/6

taken up for final disposal at the admission stage itself. 3.Heard the learned counsel appearing for the petitioner, learned Senior Panel Counsel appearing for the 1st respondent as well as the learned Additional Government Pleader appearing for respondents 2 to 4 and perused the entire materials on record.

4.According to petitioner, he has filed O.A.No.970 of 2021 before the Central Administrative Tribunal, Chennai, challenging the suspension charge memo and for a direction to the respondents to reinstate him into service with all attendant benefits. The Tribunal by the order dated 16.11.2021, issued notice to the respondents and granted four weeks time for filing reply and also directed the respondents 2 to 5 to ensure that petitioner is paid suspension allowance as per law. Subsequently, the O.A.No.970 of 2021 was adjourned periodically on the ground of paucity of time, even though the respondents 2 to 4 filed their reply. The learned counsel appearing for the petitioner submitted that today also O.A.No.970 of 2021 was listed as Item No.130 and in the morning, it was adjourned to 14.04.2023 and prayed for a direction for speedy disposal of O.A.No.970 of 2021.

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5.The learned Senior Panel Counsel appearing for the 1st respondent submitted that the 1st respondent will file their reply within a period of two weeks from today.

6.The learned Additional Government Pleader appearing for respondents 2 to 4 submitted that already the respondents 2 to 4 have filed their reply.

7.Considering the submission of the learned counsel appearing for the petitioner that the petitioner is aged 57 years and due to suspension and pendency of charge memo, he is being harassed and his juniors are promoted, age of the petitioner, suspension for long period and respondents 2 to 4 have filed their reply to the allegations made by the petitioner, the 1st respondent is directed to file counter within a period of two weeks from the date of this order and the Tribunal is directed to dispose of O.A.No.970 of 2021 as expeditiously as possible, in any event, within three months from the date of receipt of a copy of this order. 8.With the above directions, the Writ Petition is disposed of. No costs.

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(V.M.V., J) (R.H., J) 03.01.2023 krk Index : Yes / No Internet : Yes / No NOTE: Issue order copy on 09.01.2023.

To 1.Union of India, Rep. by the Secretary to Government, Ministry of Home Affairs, New Delhi - 110 001.

2.State of Tamil Nadu, Rep. by the Chief Secretary, Fort St. George, Chennai - 600 009.

3.The Principal Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

4.The Director General of Police - Tamil Nadu, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

5.Jayashree Raghunandan, IAS, The Inquiry officer cum Chairperson, Internal Complaints Committee, O/o. Additional Chief Secretary to Government, Planning and Development Department, Secretariat, Chennai - 600 009.

V.M.VELUMANI, J.

and R.HEMALATHA, J.

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