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Madras High CourtWP(MD)/19499/2020disposed of

Anantharaj.M v. The Director General Of Police,

2023-06-30Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Anantharaj ... Petitioner Vs.

1.The Director General of Police, Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.The Additional Director General of Police, Administration, Office of the Director General of Police, Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3.The Additional Director General of Police, Armed Police, Kilpauk, Chennai - 600 010.

4.The Commandant, TSP IX Battalion, Manimuthar, Tirunelveli District.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the rejection endorsement of the 2nd respondent dated 13.07.2020 in his proceedings in RC No.415322/Rect.2(1)/2020 and quash the same as illegal and consequently direct the 1st and 2nd respondents to grant conversion to the petitioner from his present category III/Battalion to Category I/Law and order and on place him in the seniority on bar with his batch mates who were appointed in the year 2008.

For Petitioner : Mr.S.Sukumar, For Mr.S.Selvakumar.

For Respondents : Mr.G.Suriyananth, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner is presently working as Sub-Inspector of Police in Armed Reserve. He wants to move to Taluk Police Station. His request 2/6

was rejected by the impugned order. I made it clear to the learned counsel for the petitioner that I am not inclined to interfere with the impugned order.

3.The petitioner's request for conversion was negatived primarily on the ground that the punishment imposed on him is in currency. The punishment period has since been undergone. Therefore, the petitioner is permitted to submit a representation for conversion as Taluk Sub-Inspector of Police to the first respondent. The first respondent is called upon to consider the said request of the petitioner and pass final order on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The age ceiling shall not be put against the petitioner. This is because even before he could complete forty years, he had already made a request for conversion. It is not as if the petitioner is making request for convention after crossing the age bar. I make it clear that I have not issued any positive direction as such. The matter is left entirely to the discretion of the first respondent to accept the petitioner's request. 3/6

4.This writ petition is disposed of accordingly. No costs. 30.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Director General of Police, Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.The Additional Director General of Police, Administration, Office of the Director General of Police, Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3.The Additional Director General of Police, Armed Police, Kilpauk, Chennai - 600 010.

4.The Commandant, TSP IX Battalion, Manimuthar, Tirunelveli District.

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G.R.SWAMINATHAN, J.

ias 30.06.2023 6/6