Madras High CourtWP(MD)/7352/2017disposed of

Y.Suresh Kumar v. The Additional Director

2017-04-20Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No. 7352 of 2017 Y.Suresh Kumar, S/o.Yesaian, Police Quarters, Thokamalai, Thiruchirappalli District.

.. Petitioner Vs.

1. The Additional Director General of Police, Law and Order, Chennai - 04.

2. The Deputy Inspector General of Police, Thanjavur Range, Thanjavur.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pass orders upon the appeal, dated 14.08.2015 filed by the petitioner against the order of the second respondent, dated 22.06.2015 in Na.Ka.No.B2/P.R.9/2015, within a reasonable time period to be fixed by this Court.

For Petitioner : Mr.N.Dilip Kumar For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate.

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O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the first respondent to pass orders upon the appeal, dated 14.08.2015 filed by the petitioner against the order of the second respondent, dated 22.06.2015 in Na.Ka.No.B2/P.R.9/2015, within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. Mr.J.Gunaseelan Muthaiah, learned Government Advocate, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. The petitioner, while he was working as a Circle Inspector, https://hcservices.ecourts.gov.in/hcservices/

Thiruvidaimaruthur District, Thanjavur District, was placed under suspension by an order dated 24.10.2014. A charge memo was also issued against the petitioner by the second respondent under Rule 3(b) of the Tamil Nadu Police Subordinate Service(Discipline and Appeal) Rules of 1955. It is admitted that the second respondent by the order dated 22.06.2015 vide proceedings in Na.Ka.No.B2/P.R.9/15, imposed the punishment of postponement of the petitioner's increment for a period of one year which should not be operated to postpone his future increments. As against the punishment order, the petitioner has filed an appeal before the first respondent on 14.08.2015. Since the appeal is not disposed of even after the period of one year and five months, the present Writ petition has been filed by the petitioner to direct the first respondent to pass final orders on the appeal, dated 14.08.2015.

5. Having regard to the limited scope of the prayer in the Writ petition, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The first respondent is directed to dispose of the appeal, dated 14.08.2015 filed by the petitioner, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To

1. The Additional Director General of Police, Law and Order, Chennai - 04.

2. The Deputy Inspector General of Police, Thanjavur Range, Thanjavur.

+1 CC to MR.K.NEETHIMOHAN, Advocate, SR No. 53221 PMU PSM/SV-MMS/SAR3/28.04.2017/2P/4C ORDER MADE IN W.P.(MD).No. 7352 of 2017 20.04.2017 https://hcservices.ecourts.gov.in/hcservices/