Madras High CourtWP(MD)/20483/2013dismissed as withdrawal

Pujari Nagaraju v. The Union Of India,

2021-07-01Honourable Mr Justice P.D.Audikesavalu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P. (MD) No. 20483 of 2013 and M.P (MD) No. 1 of 2013 and W.M.P (MD) No. 11004 of 2017 Pujari Nagaraju ... Petitioner -vs1.The Union of India, Rep by its Secretary to Government, Ministry of Home Affairs,New Delhi.

2.The Director General, Central Reserve Police Force, CGO Complex, Lodhi Road, New Delhi-110 003.

3.The Inspector General Communication Central Reserve Police Force, CGO Complex,Lodhi Road, New Delhi-110 003.

4.The Deputy Inspector General, Communications, Central Reserve Police Force, Directorate, C.G.O Complex, New Delhi-110 003.

5.The Deputy Inspector General, Signal Range, Central Reserve Police Force, HC Block Sector-III Salt Lake, Kolkata-700 106 6.The Commandant, 4th Signal Battalion, Central Reserve Police Force, Neemuch, Madhyapradesh.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records relating to the order passed by the 5th Respondent in his Order No.D.V-1/2013-Esst-I(RTI) dated 14.08.2013 and quash the same and to direct the respondents to count the services of the Petitioner rendered from 27.02.2003 to 13.03.2012 in the CRPF and 1/3

to pay pension from 13.03.2012 counting as service rendered, and leave encashment (earned leave and half pay leave) and continue to pay to the petitioner and to refund a sum of Rs.77,061/- collected illegally towards the training charges together with interest from 13.03.2012 to till the payment is made and interest for a sum of Rs.1,64,432/- for a period from 13.03.2012 to 14.03.2013 @ 12%. For Petitioner : Mr. K.Vadivelu For R1 to R6 : Mrs. S.Ragaventhree

ORDER

Heard Mr. K.Vadivelu, Learned Counsel appearing for the Petitioner and Mrs. S.Ragaventhree, Learned Counsel appearing for the First to Sixth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition challenges the order No.D.V-1/2013-Estt-I (RTI) dated 26.04.2013 passed by the Fifth Respondent, which is evidently a reply furnishing information to the Petitioner under the Right to Information Act, 2005. The impugned order also provides that if the Petitioner was not satisfied that reply, he may prefer an appeal within 30 days to the Appellate Authority and there is no explanation from the Petitioner for not having resorted to the same.

In view of the aforesaid legal position, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to work out his rights before the appropriate forum. He has also filed a memo dated 01.07.2021 to that effect through e-mail, which is placed on record. 4.

In the result, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 16.12.2013 till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) SRM/Ns 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Union of India, Rep by its Secretary to Government, Ministry of Home Affairs, New Delhi.

2.The Director General, Central Reserve Police Force, CGO Complex, Lodhi Road, New Delhi-110 003.

3.The Inspector General Communication Central Reserve Police Force, CGO Complex,Lodhi Road, New Delhi-110 003.

4.The Deputy Inspector General, Communications, Central Reserve Police Force, Directorate, C.G.O Complex, New Delhi-110 003.

+1 CC to M/s.A.S.MUJIBHUR RAHMAN, Advocate ( SR-20950[F] dated 02/07/2021 W.P. (MD) No. 20483 of 2013 and M.P (MD) No. 1 of 2013 and W.M.P (MD) No. 11004 of 2017 01.07.2021 CN(22.07.2021) 3P 8C 3/3