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Madras High CourtWP(MD)/12882/2019allowed

M.K.Mohan, v. The State Of Tamilnadu,

2019-11-26Honourable Ms.Justice V.M.Velumani2 pages

W.P.(MD)No.12882/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.12882 of 2019 and W.M.P.(MD)No.9583 of 2019 M.K.Mohan ... Petitioner -Vs1.The State of Tamil Nadu, Represented by its Secretary, Department of Home, Fort St. George, Chennai-600 009.

2.The Director General of Police (Law & Order), Chief Office, Mylapore, Chennai-600 004.

3.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli District.

4.The Superintendent of Police, Tirunelveli, Tirunelveli District.

5.The Superintendent of Police, Kanyakumari, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the first respondent in Letter (D)No.1448, Home (Pol.2) Department, dated 14.12.2018, quash the same and further direct the respondents herein to allow the petitioner forthwith to retire on Voluntary Retirement basis w.e.f, 20.12.2018 with all retiral and attendant benefits. For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.V.R.Shanmuganathan, Special Government Pleader.

ORDER

The order of the first respondent dated 14.12.2018, is sought to be quashed in the Writ Petition. Further direction is sought for to direct the respondents to allow the petitioner forthwith to retire on Voluntary Retirement basis w.e.f., 20.12.2018 with all retiral and attendant benefits.

2.In view of the order dated 26.11.2019, made in W.P.(MD) No.16807 of 2019, setting aside the charge memo dated 04.05.2019, https://hcservices.ecourts.gov.in/hcservices/ 1/6

W.P.(MD)No.12882/2019 issued against the petitioner, the impugned order of the first respondent, dated 14.12.2018, rejecting the petitioner's request for voluntary retirement, is quashed. The respondents are directed to consider the representation of the petitioner, dated 24.07.2018, on merits and pass orders in accordance with law, in the light of the order dated 26.11.2019, made in W.P.(MD)No.16807 of 2019, within a period of eight weeks from the date of receipt of a copy of this order.

3.In the result, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) Myr To 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.

2.The Director General of Police (Law & Order), Chief Office, Mylapore, Chennai-600 004.

3.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli District.

4.The Superintendent of Police, Tirunelveli, Tirunelveli District.

5.The Superintendent of Police, Kanyakumari, Kanyakumari District.

+1 CC to Mr.T. CIBICHAKRABORTHY, Advocate ( SR-101362[F] dated 26/11/2019 ) +1 CC to SPL GP ( SR-101982[F] dated 27/11/2019 ) W.P.(MD)No.12882 of 2019 26.11.2019 VB(18.12.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/6