A.Duraisamy vs The Secretary To Government
2021 Latest Caselaw 14169 Mad

                                                                       WP.No.14586/2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 15.07.2021

                                                       CORAM:

                                     THE HONOURABLE MR.JUSTICE S.S.SUNDAR

                                                WP.No.14586/2021

                                               [Video Conferencing]

                    A.Duraisamy                                        .. Petitioner

                                                             Vs

                    1.The Secretary to Government
                      Home Department, Secretariat
                      Chennai – 9.

                    2.The Director General of Police
                      No.4, Radhakrishnan Road
                      Mylapore, Chennai-4.

                    3.The Additional General of Police
                      Armed Police, Chennai-10.

                    4.The Deputy Inspector General of Police
                      Armed Police, Chennai-10.

                    5.The Assistant Commandant-III
                      TSP VII, BN, Pochampalli
                      Krishnagiri District.                            .. Respondents




https://www.mhc.tn.gov.in/judis/                         1
                                                                                     WP.No.14586/2021


                    Prayer:- Writ Petition filed under Article 226 of the Constitution of India,

                    praying for issuance of a writ of mandamus directing the respondents to

                    reinstate the petitioner in service with all benefits following the procedure

                    stated in the Police Standing order 67 within the time stipulated by this

                    Court based on his mercy petition dated 08.04.2021.


                                      For Petitioner        :       Mr.E.C.Ramesh

                                      For Respondents       :       Mr.C.Kathiravan
                                                                    Government Advocate

                                                           ORDER

1. By consent, the writ petition is taken up for final disposal and

disposed of by this order.

2. Mr.C.Kathiravan, learned Government Advocate accepts notice on

behalf of the respondents.

3. The petitioner has filed the present writ petition seeking for issuance

of a writ of mandamus, directing the respondents to reinstate the

petitioner in service with all benefits following the procedure stated

in the Police Standing order 67 within a time stipulated by this Court

based on his mercy petition dated 08.04.2021.

WP.No.14586/2021

4. The case of the petitioner is that the petitioner joined the service as

Secondary Grade Police on 01.02.2011. Since his wife committed

suicide, a case has been registered against the petitioner and his

family members, based on a complaint. The Sessions Judge, Mahila

Court, Salem, convicted the petitioner and his family members and

sentenced them to undergo imprisonment apart from payment of

fine, vide judgment in SC.No.110/2015 dated 31.07.2017. It is

stated that based on the said conviction and sentence, the petitioner

was dismissed from service on 07.08.2017. The Criminal Appeal

preferred by him before this Court, in Crl.A.No.509/2019, has been

allowed, setting aside the conviction and sentence imposed on the

petitioner and others. Citing this judgment of acquittal, the

petitioner submitted a representation / mercy petition to the

respondents on 08.04.2021 seeking reinstatement.

5. Learned counsel for the petitioner would submit that the petitioner

will be satisfied if a direction is issued to the 2 nd respondent to

consider and pass orders on the petitioner's mercy

petition/representation dated 08.04.2021 on merits within the

stipulated time frame.

WP.No.14586/2021

6. This Court heard the submissions of the learned Government

Advocate appearing for the respondents and perused the materials

placed before it.

7. Though the petitioner has prayed for a larger relief, this Court, in the

light of the facts and circumstances of the case and without going

into the merits of the claim made by the petitioner, directs the 2nd

respondent to consider and dispose of the petitioner's

representation/mercy petition dated 08.04.2021 on merits and in

accordance with law and pass appropriate orders within a period of

twelve weeks from the date of receipt of a copy of this order and

communicate the decision taken, to the petitioner herein.

8. The writ petition stands disposed of accordingly. No costs.

15.07.2021

AP Internet : Yes

WP.No.14586/2021

To

1.The Secretary to Government Home Department, Secretariat Chennai – 9.

2.The Director General of Police No.4, Radhakrishnan Road Mylapore, Chennai-4.

3.The Additional General of Police Armed Police, Chennai-10.

4.The Deputy Inspector General of Police Armed Police, Chennai-10.

5.The Assistant Commandant-III TSP VII, BN, Pochampalli Krishnagiri District.

WP.No.14586/2021

S.S.SUNDAR, J.,

AP

WP.No.14586/2021

15.07.2021

https://www.mhc.tn.gov.in/judis/ 6