Madras High CourtWP(MD)/3438/2015dismissed

M. Otchathevar, v. The Inspector Of Police

2015-03-11Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2015

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.3438 of 2015 and M.P.(MD)No.1 of 2015 M.OTCHATHEVAR .. Petitioner Vs.

1. THE INSPECTOR OF POLICE, SOUTH ZONE, MADURAI.

2. THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the record relating to the Proceedings in C.No.F1/PR.60/2014 U/r 3(b) dated 06.03.2015 on the file of the 2nd Respondent quash the same and directing th respondents to reinstate the petitioner in the service.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.S.Kumar Additional Government Pleader,takes notice

O R D E R

Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

2. By consent, the writ petition itself is taken up for final disposal.

3. The order under challenge is the one imposing the punishment of compulsory retirement from service on the petitioner. The said order was passed by the second respondent. The said order is appealable order before the Deputy Inspector General of Police, Madurai. Without exhausting such appellate remedy, filing of this writ petition cannot be entertained. Therefore, the writ petition is dismissed only on the ground that the petitioner is having other alternative remedy of filing an appeal before the appellate authority. Accordingly, the petitioner is given liberty to file an appeal before the concerned appellate authority, within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is also dismissed. No costs.

Sd/- Assistant Registrar(AE) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

rj2 To

1. THE INSPECTOR OF POLICE, SOUTH ZONE, MADURAI.

2. THE SUPERINTENDENT OF POLICE, MADURAI DISTRICT.

+1cc to MR.P.VENKATA SUBRAMANIAN, ADVOCATE IN SR NO. 12305 +1cc to Special Government Pleader Sr NO. 12084 W.P(MD)No.3438 of 2015 11.03.2015 rg.24.03.2015 2p.5c.

https://hcservices.ecourts.gov.in/hcservices/