Velpandi .G v. Sankar.Jiwallps

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.13199 of 2024 G.Velpandi ... Petitioner Vs.

Sankar Jiwal, I.P.S., Director General of Police, 27W7+2XH, Dr.Radhakrishnan Salai Road, Mylapore, Chennai - 600 004.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the Court may order DGP to re-join petitioner in the police service. 1/6

For Petitioner : Mr.K.H.Raja Murrugan For Respondent : Mr.S.Shanmugavel Additional Government Pleader

ORDER

The present writ petition has been filed seeking a Writ of Mandamus to direct the Court may order DGP to re-join petitioner in the police service.

2. Heard Mr.K.H.Raja Murrugan, learned counsel for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader appearing for the respondent.

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

4. The petitioner has joined in Police Service in the year 2013. The petitioner has faced disciplinary proceedings in pursuant 2/6

to the charge memo issued to him on 04.04.2014. At the conclusion of the disciplinary proceedings, the petitioner has been removed from service. The mercy petition filed by the petitioner before the first respondent also got dismissed. Once again, the petitioner is said to have given a representation to the respondent.

5. The learned counsel for the petitioner submitted that the petitioner's mercy petition has not been considered for the past 4 years and during in the interregnum, due to Covid-19 the petitioner lost his parents as well.

6. When a mercy petition of this nature has been dismissed, then the petitioner cannot compel the Court to direct the authority concerned to show mercy. Because the word 'mercy' itself would show the authorities discretion to consider the case of the petitioner in any compassionate manner, if the petitioner deserves so. However, in view of the alleged delay pointed out by the petitioner and also in view of the request made by him, the 3/6

respondent could have considered and passed orders on the representation of the petitioner.

7. In view of the aforesaid reasons, the respondent is directed to consider the representation of the petitioner and pass appropriate orders as how he deems fit, within a period of four weeks from the date of receipt of a copy of this order.

8. With the above direction, this writ petition is disposed of. No costs.

21.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To Sankar Jiwal, IPS Director General of Police, 27W7+2XH, Dr.Radhakrishnan Salai Road, Mylapore, Chennai - 600 004.

5/6

R.N.MANJULA , J.

RM Order made in W.P.(MD)No.13199 of 2024 21.06.2024 6/6