K.Ramachandran v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.24245 of 2019 K.Ramachandaran ... Petitioner /vs./ 1.The Director General of Police, Office of the Director General of Police, Tamil Nadu, Chennai.
2.The Superintendent of Police, Thanjavur District, Thanjavur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to forthwith release all the retirement benefits and other payments to the petitioner pursuant to the order dated 10.06.2019 made in D.O.681/2019 R.C.No.K4/1675/2013 issued by the 2nd respondent.
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For Petitioner : Mr.B.Jameel Arasu For Respondents : Mrs.D.Farjana Ghoushia, Special Government Pleader.
ORDER
In connection with the delay in disposing of the disciplinary proceedings, the petitioner herein has sought for a direction to the respondents to release the retirement benefits.
2. Pending the writ petition, the first respondent has now passed an order dated 19.04.2022, imposing punishment of "cut in pension of Rs.500/- (Rupees Five Hundred only) per month for a period of 12 months," in connection with P.R.No.30 of 2018 under Rule-9 of the Tamil Nadu Pension Rules, 1978.
3. When the disciplinary proceedings had been concluded and final order imposing the punishment has also been passed, it will not be appropriate to direct the respondents to release the retirement benefits. However, if liberty is granted to the petitioner to challenge the order of punishment, the ends of justice could be secured.
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4. Accordingly, the petitioner is granted at liberty to challenge the order in Rc.No.Con.II (1)/130369/2015, dated 19.04.2022, passed by the first respondent herein, in accordance with law.
5. With the above liberty, this Writ Petition stands closed. No costs. 02.08.2022 Index : Yes / No Internet : Yes / No vsm To 1.The Director General of Police, Office of the Director General of Police, Tamil Nadu, Chennai.
2.The Superintendent of Police, Thanjavur District, Thanjavur.
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M.S.RAMESH, J.
vsm Order made in W.P.(MD) No.24245 of 2019 Dated:
02.08.2022 4/4