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Madras High CourtWP(MD)/3010/2022dismissed

Rajesh.E v. The Inspector General Of Police

2022-02-16Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.3010 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.3010 of 2022 E.Rajesh ... Petitioner Vs.

1.The Inspector General of Police, Central Reserve Police Force (CRPF), Avadi, Chennai.

2.The Deputy Inspector General of Police, Central Reserve Police Force (CRPF), Avadi, Chennai.

3.The Commandant, Group Centre, Avadi, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call the entire records of impugned order passed by the 3rd respondent issued in No.P-VIII-1/2021-GC AVD-EC-2 dated 27.10.2021 and quash the same and directing the 3rd respondent to conduct and Re-examine of the petitioner's medical test and reinstate the petitioner in the post of Constable (Grade) (Group-C) within a time stipulated by this Court.

For Petitioner :Mr.D.Vijay Antony (No Appearance)

O R D E R

The order impugned, dated 27.10.2021, rejecting the application to reinstate the petitioner is under challenge in the present writ petition.

2. The petitioner was working as Constable (Grade) (Group-C) in Central Reserve Police Force (CRPF) and terminated from service in https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3010 of 2022 proceedings dated 07.05.2011. The order of termination from service reveals that in pursuance of Rule 6 of the Central Civil Services (Temporary Service) Rules, 1965, the Commandant, terminated the services of the writ petitioner, as he was found to be having "SYNDACTYLY" left foot involving great toe and 2nd toe, which is a congenital condition and he had been declared as permanently incapacitated / unfit for services by the Medical Officer. After passing of the order of termination in the year 2011, the petitioner has not taken any steps to pursue the matter. After a lapse of 10 years, the petitioner submitted a representation to the respondents and the said representation is rejected in proceedings dated 27.10.2021, which is impugned in the present writ petition.

3. The order impugned itself states that the petitioner has approached the Authority after a lapse of 11 years. An employee, who left over his right cannot wake up one fine morning and knock the doors of the Court for the purpose of redressal of lapsed grievances. Every such grievance is to be redressed by an employee within a reasonable period of time. The petitioner was terminated in the year 2011, as he was incapacitated / unfit to perform the duties of the uniformed personnel (CRPF). Under these circumstances, the ground of delay stated in the impugned order is in consonance with the principles of law and there is no infirmity. Accordingly, the writ petition is devoid of merits and stands dismissed. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK To 1.The Inspector General of Police, Central Reserve Police Force (CRPF), Avadi, Chennai.

2.The Deputy Inspector General of Police, Central Reserve Police Force (CRPF), Avadi, Chennai.

3.The Commandant, Group Centre, Avadi, Chennai.

W.P.(MD)No.3010 of 2022 16.02.2022 SB(CO)GC(08.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2