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Madras High CourtWP(MD)/20445/2014disposed of

C.Rajendran, v. The Supdt.Of Police,

2019-07-05Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.07.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.20445 of 2014 C.Rajendran ... Petitioner -vsThe Superintendent of Police, Dindigul District, Dindigul.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to grant promotion as Special Sub Inspector of Police with effect from 01.08.2010 and place his name next to his immediate senior Mr.Ulaganathan, bearing Rank No.784 by considering the representation of the petitioner dated 11.03.2014. For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.VR.Shanmuganathan Special Government Pleader

O R D E R

Mr.R.Sakthivel, Superintendent of Police, is present before this Court along with files.

2.The counter affidavit today(i.e., 05.07.2019) filed by the Superintendent of Police reveals that pursuant to the direction of this Court, an enquiry was conducted by the Superintendent of Police and certain lapses on the part of the establishment staff were identified and suitable disciplinary actions under Rule 17(a) of the Tamil Nadu Civil Service Disciplinary and Action Rules 1955, are initiated. The proceedings initiated must be proceeded with and the same must be concluded as expeditiously as possible. 3.Though the Hon'ble High Court passed orders directing the respondent's department to file counter affidavit within 90 days, in all writ petitions there was an enormous delay, however suitable actions are initiated against the officials, who all are responsible for such delay and therefore, this Court is not inclined to pursue any further action in this regard.

4.As far as the relief sought for in the present writ petition is concerned, the learned Special Government Pleader appearing on behalf of the respondent made a submission that the eligibility of the writ petitioner was ascertained by verification of files and the https://hcservices.ecourts.gov.in/hcservices/

authorities competent arrived on conclusion that the writ petitioner is qualified for promotion to the post of Sub-Inspector of Police. Accordingly, the actions were taken and the writ petitioner was upgraded with promotion to the post of Sub-Inspector of Police. 5.In view of the fact that the grievance of the writ petitioner had already been redressed, no further adjudication needs to be undertaken in respect of the grounds raised in the present writ petition .

6.Accordingly, the writ petition stands disposed of. However, the respondent should ensure that in all such cases, the counter affidavits are properly filed within the time limit and suitable instructions are provided to the learned Special Government Pleader in order to avoid inconvenience to the High Court. No cost. Sd/- Assistant Registrar (RTI) / True Copy / Sub Assistant Registrar(CS- ) To The Superintendent of Police, Dindigul District, Dindigul.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-73601[F] dated 05/07/2019 ) W.P.(MD) No.20445 of 2014 05.07.2019 sji/Ns ES/16.07.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/