R.Meiyappan v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2019
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.29864 of 2018 R.Meiyappan .. Petitioner Vs.
1. The Additional Chief Secretary to Government, Home (Police) Department, Secretariat, Chennai - 9.
2. The Director General of Police, Tamil Nadu, Chennai - 4.
3. The Commissioner of Police, Chennai Police Office, Vepery, Chennai - 7.
4. Mr.Ramesh, Assistant Commissioner of Police, Thiruninravoor Police Station, Pattabiram Sub Division, Chennai - 602 024.
.. Respondents PRAYER: The Writ Petition has been filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second and third respondents to consider and pass orders on the petitioner's representation dated 11.09.2018 given for taking appropriate action as per Rules against the fourth responder herein within a stipulated time that may be fixed by this Court.
For Petitioner : M/s.Ravi Shanmugam For Respondent Nos.1 to 3 : Mr.V.Shanmugasundar Special Government Pleader For 4th Respondent : No appearance
O R D E R
The present Writ Petition has been filed for issuance of a Writ of Mandamus to consider and pass orders on the petitioner's representation dated 11.09.2018 which was given for taking appropriate action as per Rules against the fourth responder herein within a stipulated time that may be fixed by this Court.
2. The learned counsel appearing for the petitioner submits that the petitioner has given a representation on 11.09.2018 before the 2nd and 3rd respondents, against the 4th respondent, but, the same is yet to be disposed of by the authorities concerned.
3. The learned counsel appearing for the petitioner further submits that originally, the 4th respondent was working as Inspector of Police and now, he has been promoted as Assistant Commissioner of Police. Therefore, only the 2nd respondent/ Director General of Police, Chennai, has to conduct an enquiry.
4. However, the learned Special Government Pleader submits that the Commissioner of Police is the enquiry authority and he would consider the representation of the petitioner.
5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the 3rd respondent/Commissioner of Police, Chennai, to consider the petitioner's representation dated 11.09.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the 4th respondent and also affording them an opportunity of personal hearing, within a period of four (4) weeks from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To
1. The Additional Chief Secretary to Government, Home (Police) Department, Secretariat, Chennai - 9.
2. The Director General of Police, Tamil Nadu, Chennai - 4.
3. The Commissioner of Police, Chennai Police Office, Vepery, Chennai - 7.
+1cc to Mr.Ravi Shanmugam, Advocate, S.R.No.5738 W.P.No.29864 of 2018 GSP(13/02/2019)