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Madras High CourtWP(MD)/12536/2024disposed of

V.Murugan v. The Addl. Chief Secretary To Government

2024-06-13Honourable Ms Justice R.N.Manjula5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA V.Murugan ... Petitioner Vs

1. The Additional Chief Secretary to Government, Fort St.George, Chennai - 600 009.

2. The Director General of Police, Office of the Director General of Police, Chennai - 600 004.

3. The Superintendent of Police, Madurai District, District Police Office, Madurai.

4. The Inspector of Police, CBCID, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose of the appeal filed by the petitioner on 10.03.2021 concerning the charge memo in F1/Tha.Pa.67/2017 filed as against him in an expedite manner. 1/5

For Petitioner : Mr. G.Anto Prince For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

Heard Mr.G Anto Prince, learned counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader, for the respondents. 2.This Writ Petition has been filed issue for a direction to the the 1st respondent to dispose of the appeal filed by the petitioner on 10.03.2021 concerning the charge memo in F1/Tha.Pa.67/2017 filed as against him.

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

4. The petitioner is working as a Grade I Constable in Oomachikulam Police Station, Madurai District. In response to the custodial death, without conducting any preliminary enquiry, a case has been registered by the 4th respondent. On that basis, the 3rd respondent has issued a charge memo to the petitioner. The enquiry was completed by conducting oral enquiry 2/5

on 10.08.2018, in which, the petitioner was awarded with punishment of Compulsory Retirement from service. Challenging the same, the petitioner has preferred an appeal before the 1st respondent on 10.03.2021. Since no order has been passed so far, the present writ petition has been filed.

5. Since the petitioner has exhausted the appeal remedy, there shall be a direction to the first respondent to dispose of the appeal filed by the petitioner on 10.03.2021. It is made clear that this Court has not gone into the merits of the case or the claim of the petitioner and it is open to the respondents to consider the same on its own merits.

6. With the above direction, this Writ Petition is disposed of. No costs.

13.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/5

To

1. The Additional Chief Secretary to Government, Fort St.George, Chennai - 600 009.

2. The Director General of Police, Office of the Director General of Police, Chennai - 600 004.

3. The Superintendent of Police, Madurai District, District Police Office, Madurai.

4. The Inspector of Police, CBCID, Madurai District.

4/5

R.N.MANJULA, J.

PNM ORDER IN 13.06.2024 5/5