Malathi.C v. The Deputy Inspector General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Malathi

...Petitioner

Vs.

The Deputy Inspector General of Police, Trichirappalli Range, Trichy.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to revoke the suspension order dated 13.12.2022 in R.O.No.419/2022 and permit the petitioner to discharge her duty in light of the judgment rendered in Ajaykumar Chowdry .Vs. Union of India reported in 2015(7) SCC 291 by considering the petitioner's representation dated 24.11.2023. For Petitioner : Mr.Charles Kamalesh M. Appaji For Respondents : Mr.C.Baskaran, Government Advocate 1/5

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The present writ petition has been filed seeking direction to the respondent to revoke the suspension order dated 13.12.2022 in R.O.No. 419/2022 and permit the petitioner to discharge her duty in light of the judgment rendered in Ajaykumar Chowdry .Vs. Union of India reported in 2015(7) SCC 291 by considering the petitioner's representation dated 24.11.2023.

3. The brief facts which are necessary for the disposal of this Writ Petition is as follows:- The petitioner joined as Sub Inspector of Police in the respondent department on 19.12.2007. In view of registration of a criminal case as against the petitioner in Crime No.14 of 2022 on the file of the Inspector of Police, Vigilance and Anti-Corruption Wing, Trichy, the petitioner was visited with a suspension order dated 13.12.2022. However, the respondent did not issue any 2/5

charge memo for a period of more than two months. Hence, the petitioner made a written representation dated 08.02.2023 to the respondent requesting them to revoke the suspension and permit the petitioner to discharge his duty. However, the same was not considered by the respondent. Thereafter, she made a detailed representation on 24.11.2023. Since the same was not considered, this writ petition came to be filed.

4. Heard, the learned Counsels on either sides. Carefully perused the materials available on record.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India. 3/5

6. Without going into the merits of this case that this Court hereby direct the respondent to consider the petitioner's representation date 24.11.2023 and pass appropriate orders in accordance with law within a period of ten (10) weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition stands disposed of. No costs. 18.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To The Deputy Inspector General of Police, Trichirappalli Range, Trichy.

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L.VICTORIA GOWRI, J.

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