Perumal. R v. The Additional Chief Seceratary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Perumal ... Petitioner Vs.
1. The Additional Chief Secretary to Government, Home (Police-5) Department, Secretariat, Chennai - 600 009.
2. The Director General of Police, Tamil Nadu, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3. The Superintendent of Police, District Police Office, Nagapattinam, Nagapattinam District.
4. The Commandant, TSP 1st Battalion, Trichy - 620 012.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the first respondent to pass final orders in the disciplinary proceedings, Letter No.41557/Police, V/2019-1, dated 05.02.2020 initiated against the petitioner and pay to the petitioner all his promotional benefits, retirement, terminal, pensionary and other consequential and other monetary benefits in the light of the petitioner's representations dated 16.12.2020, 17.08.2021, 31.01.2022 and 11.08.2022.
For Petitioner :
Mr.N.Dilip Kumar For Respondents :
Mr.G.V.Vairam Santhosh Additional Government Pleader
O R D E R
This Writ Petition has been filed for a direction to the first respondent to pass final orders in the disciplinary proceedings vide Letter No.41557/Police,V/2019-1, dated 05.02.2020 initiated against the petitioner and pay to the petitioner all his promotional benefits, retirement, terminal, pensionary and other consequential and other monetary benefits in the light of the petitioner's representations dated 16.12.2020, 17.08.2021, 31.01.2022 and 11.08.2022.
2. The case of the petitioner is that the petitioner has joined the Police Department as a Junior Assistant on 14.08.1985. He has rendered nearly 32 years of meritorious service to the Police Department. He was promoted to the post of Superintendent on 06.05.2009 and he was due to be promoted to the post of Personal Assistant (Administration) on 13.05.2017. While so, disciplinary proceedings were initiated against the petitioner and others. The third respondent, Enquiry Officer conducted an enquiry proceedings and filed a report dated 01.11.2019. Thereafter, the petitioner has made several representations dated 16.12.2020, 17.08.2021, 31.01.2020 and 11.08.2022 to the first respondent to pass final orders at the earliest. But, till date, no action was taken. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents are directed to consider the petitioner's representations dated 16.12.2020, 17.08.2021, 31.01.2020 and 11.08.2022, on merits and in accordance with law, within a specified period.
4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the petitioner's representation dated 11.08.2022 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
01.03.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The Additional Chief Secretary to Government, Home (Police-5) Department, Secretariat, Chennai - 600 009.
2. The Director General of Police, Tamil Nadu, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3. The Superintendent of Police, District Police Office, Nagapattinam, Nagapattinam District.
4. The Commandant, TSP 1st Battalion, Trichy - 620 012.
M.DHANDAPANI,J.
vji 01.03.2023