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Madras High CourtWP(MD)/12676/2020disposed of

V.Mahendran v. The Principal Secretary To Government Of Tamilnadu

2020-09-25Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD) No.12676 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2020

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.12676 of 2020 (Through Video conferencing) V.Mahendran ... Petitioner -VsThe Principal Secretary to Government of Tamil Nadu, Home (Police VI) Department, Secretariat, Chennai - 9.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the Appellate Authority of the respondent herein to dispose the Revision Petition in R.C.No.173172/AP2(3)/2015 dated 12.07.2019 by giving an opportunity of personal hearing to the petitioner. For Petitioner : Mrs..M.Mahalakshmi For Respondents : Mr.J.Padmavathi Devi, Spl.G.P.

ORDER

The Prayer sought for in this writ petition is for a writ of Mandamus, directing the Appellate Authority of the respondent herein to dispose the Revision Petition in R.C.No.173172/AP2(3)/2015 dated 12.07.2019 by giving an opportunity of personal hearing to the petitioner.

2.The petitioner was working as a Police Constable. While so, pursuant to a disciplinary proceedings, disciplinary authority inflicted the punishment of postponement of increment for a period of three years, which shall not operate to postpone his future increments against the petitioner by order dated 28.05.2013. As against which, the petitioner filed appeal/review before the appellate Authority i.e., the Director General of Police, who, on considering the appeal filed by the petitioner, passed an order on 02.01.2017, whereby, the said punishment awarded against the petitioner by the disciplinary authority was modified into postponement of increment for a period of two years. As against the modified punishment, the petitioner preferred revision petition before the respondent on 12.07.2019. Now, the learned counsel appearing for the petitioner seeks indulgence of this Court to give direction by this Court to dispose of the said revision dated https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.12676 of 2020 12.07.2019 on merits and in accordance with law, within a period that may be stipulated by this Court.

3.Heard the learned Special Government Pleader appearing for the respondent, who would submit that, if four weeks time is given, the said revision filed by the petitioner dated 12.07.2019 would be decided by the respondent on merits and in accordance with law. 4.In view of the said submissions made by the learned counsel appearing for both sides, this Court is inclined to dispose of this writ petition with the following order:

"The respondent is hereby directed to consider the revision petition sent through the proper channel in R.C.No.173172/AP2(3)/2015 dated 12.07.2019 on merits and in accordance with law and pass final orders thereon, within a period of four weeks from the date of receipt of a copy of this order."

5.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) Arul Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The Principal Secretary to Government of Tamil Nadu, Home (Police VI) Department, Secretariat, Chennai - 9.

+1 CC to the SPL GP SR-18229.

W.P.(MD)No.12676 of 2020 25.09.2020 (CO) CS(05.10.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2