Madras High CourtWP(MD)/21957/2016disposed of

M.Nagarajan, v. The Deputy Inspector General

2016-11-17Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2016 CORAM :

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.21957 of 2016 M.Nagarajan ... Petitioner Vs.

1.The Deputy Inspector General of police, Mylapore, Chennai.

2.The Commissioner of Police, Chennai Greater City, Egmore, Chennai.

3.The Deputy Commissioner of Police, Armed Reserve Police, Chennai Greater City, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issue a writ of Mandamus to direct the 2nd respondent to consider the petitioner's appeal dated 21.04.2014 and to pass final orders within a stipulated time may be fixed by this Court.

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

The petitioner suffered punishment of removal from service by the order dated 01.04.2014 passed by the third respondent. With a prayer to reconsider the order passed, an Appeal dated 21.04.2014 has been preferred by the petitioner before the second respondent and the same is pending.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 3.The matter pertains to the case registered in Crime No.273 of 2003 by the Tirunelveli Taluk Police under Section 306 IPC. Contending that the evidence in the criminal proceedings and https://hcservices.ecourts.gov.in/hcservices/

the evidence in the departmental proceedings are one and the same and therefore, the departmental proceedings are not maintainable, the appeal has been preferred. As the appeal has not been considered from the year 2014, this Writ petition has been filed. 4.Considering the legal contention raised and considering the fact that the appeal is pending from 2014, the second respondent is directed to dispose of the appeal within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Deputy Inspector General of police, Mylapore, Chennai.

2.The Commissioner of Police, Chennai Greater City, Egmore, Chennai.

3.The Deputy Commissioner of Police, Armed Reserve Police, Chennai Greater City, Chennai.

+1cc to Mr.M.Saravanakumar Advocate Sr.No.70341 +1cc to Spl.Government Pleader Sr.No. 70286 JAM/07.12.16/SS 2/2p-6c W.P(MD)No.21957 of 2016 17.11.2016 https://hcservices.ecourts.gov.in/hcservices/