V.P.Pandian, v. The Director Generalof Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13772 of 2015 V.P.Pandian ... Petitioner Vs.
1.The Director General of Police, Mylapore, Chennai.
2.The Deputy Inspector General of Police, Trichy, Trichy District.
3.The Inspector General of Police (L & O), Subramaniapuram S.O, Trichy, Trichy District.
4.The Superintendent of Police, Trichy, Trichy District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to disburse the retirement benefits to the petitioner by considering his representation, dated 16.07.2015 in the light of the Judgment of Special Court (Vigilance & AntiCorruption), Trichy, in Special Case No.53 of 2011, dated 24.12.2014.
For Petitioner :
Mr.A.Velan for M/s.Ajmal Associates For Respondents :
Mr.S.Angappan, Government Advocate.
ORDER
This writ petition has been filed seeking a direction to the respondents to disburse the retirement benefits to the petitioner by considering his representation, dated 16.07.2015, in the light of the Judgment in Special Case No.53 of 2011, dated 24.12.2014 by the Special Court (Vigilance & Anti-Corruption), Trichy. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The case of the petitioner is that he was placed under suspension in the year 2005 and he was not permitted to retire from service, due to the initiation of criminal proceedings against
him. Thereafter, the criminal case registered against him culminated in S.C.No.53 of 2011, which was allowed by acquitting the petitioner from the charges framed against him, vide Judgment, dated 24.12.2014 by the Special Court (Vigilance & AntiCorruption), Trichy. However, he has not been paid retirement benefits. Hence, he made a representation to the respondents, dated 16.07.2015 seeking retirement benefits and the same is pending without passing any orders. Therefore, this writ petition has been filed seeking the above relief.
4.The learned counsel appearing for the respondents submitted that it is agreeable for the respondents to consider the petitioner's representation dated 16.07.2015, on merits. 5.In view of the above submission made by the learned counsel appearing for the respondents, the respondents are directed to consider the petitioner's representation, dated 16.07.2015 with regard to retirement benefits in the light of the Judgment in Special Case No.53 of 2011, dated 24.12.2014 by the Special Court (Vigilance & Anti-Corruption), Trichy and pass suitable orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
6.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) ps To 1.The Director General of Police, Mylapore, Chennai.
2.The Deputy Inspector General of Police, Trichy, Trichy District.
3.The Inspector General of Police (L & O), Subramaniapuram S.O, Trichy, Trichy District.
4.The Superintendent of Police, Trichy, Trichy District.
COPY TO The Special Judge, Vigilence and Anti Coruption, Trichy.
+1CC TO MR.AJMAL ASSO, Advocate Sr. No. 56855 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 57558 W.P(MD)No.13772 of 2015 26.03.2019 TR (30.04.2019) 3P 8C