P.Ramachandran v. The Deputy Inspector General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.12.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.22327 of 2017 and W.M.P.(MD)No.18610 of 2017 P.Ramachandran ... Petitioner Vs.

1.The Deputy Inspector General of Police, O/o the Deputy Inspector General of Polcie, Madurai Range, Madurai.

2.The Superintendent of Police, Virudhunagar District.

3.Additional Superintendent of Police, Prohibition Enforcement Wing, Madurai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider petitioner's representations dated 04.06.2017 and 17.09.2017 in the light of the larger bench judgement of the Hon'ble Supreme Court mentioned therein.

For Petitioner : Mr.D.Saravanan For Respondents : Mr.A.K.Baskara Pandian, Special Government Pleader.

O R D E R

The petitioner, who is an Inspector of Police, is facing disciplinary proceedings initiated against him in respect of certain charges. It is contented by the petitioner that the criminal case bearing C.C.No.3 of 2015 under Section 7 of the Prevention of

Corruption Act & 13 (2) r/w 13 (1) (d) of said Act in Special C.C.No.8 of 2016 is pending on the file of the Chief Judicial Magistrate, Srivilliputhur in respect of the same set of facts. In the aforesaid circumstances, the petitioner is said to have made a representation dated 04.06.2017 to the first respondent for revocation of suspension as well as to keep all further proceedings in the disciplinary proceedings abeyance till the disposal of that criminal case. This Writ Petition has been filed seeking to dispose that representation within a time limit.

2.Heard Mr.D.Saravanan, learned counsel appearing for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader, who takes notice on behalf of the respondents. 3.Having regard to the limited nature of relief sought by the petitioner, this Court, without expressing any view on the correctness or entitlement of the claim made, directs the first respondent to dispassionately consider the representation dated 04.06.2017 followed by a reminder dated 17.09.2017 made by the petitioner and pass reasoned orders on merits in accordance with law and communicate the decision taken to the petitioner and file a report of such compliance before the Registrar (Judicial) of this Court on or before 31.01.2018.

4.With the aforesaid direction, this Writ Petition is disposed of. No costs. Consequently, connected W.M.P.(MD)No.18610 of 2017 is closed.

Sd/- Assistant Registrar (T & P) /True Copy/ Sub Assistant Registrar To 1.The Deputy Inspector General of Police, O/o the Deputy Inspector General of Polcie, Madurai Range, Madurai.

2.The Superintendent of Police, Virudhunagar District.

3.Additional Superintendent of Police, Prohibition Enforcement Wing, Madurai District.

+2cc to M/S.M.RAVI SHANKAR, Advocate SR.No.92684 & 92588. +1cc to Special Government Pleader in SR.No.93182. W.P.(MD)No.22327 of 2017 13.12.2017 ta SDS/SV:MMS/SAR 4/27.12.2017/3P/7C