The High Court dismissed a writ appeal filed by a former police officer challenging the confirmation of his removal from service. Upholding the Single Judge's order, the Court held that there was inordinate delay and laches by the appellant, finding no merits in the case and refusing interference. No costs awarded.
The writ appeal is dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2016
CORAM THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH
and
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Writ Appeal No.961 of 2016
K.Sankaran ... Appellant/Petitioner
vs.
1.The State of Tamil Nadu
rep. by its Special Secretary,
Home (Pol.IX) Department,
Fort St. George,
Chennai- 600 009.
2.The Director General of Police,
Mylapore, Chennai- 600 004.
3.The Inspector General of Police,
(Armed Police), Kilpauk,
Chennai - 600 010.
4.The Deputy Inspector General of Police,
(Armed Police), Kilpauk,
Chennai- 600 010.
5.The Commandant,
Tamil Nadu Special Police,
II Battalion, Avadi,
Chennai- 600 054. ... Respondents/Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 26.04.2016 made in W.P.No.15447 of 2016 passed by the learned Single Judge of this Court.
WP.NO.15447 of 2016:Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the respondents pertaining to the order of the 5th respondent made in his proceedings in P.R. No.34/97 dt 13.10.1997 removing petitioner from the service confirmed by the 4th respondent in Na. Ka. No.B2/1657/98 dt 1.4.1998 subsequent to the order passed by 1st respondents G.O. (2D) No.408 dt 23.9.2009 re confirming the removal from service and quash the same and consequently direct the respondents to reinstate the petitioners
service with all attendant benefits on the basis of the petitioners representation dt 25.2.2015
For Appellant : Mr.R.Thanjan For Respondents : Mr.P.S.Sivashanmugasundaram
JUDGMENT
(Order of the Court was made by HULUVADI G. RAMESH,J.)
This Writ Appeal is filed by the writ petitioner against the dismissal of the writ petition, challenging the order of removal dated 13.10.1997 passed by the fourth respondent herein, which was confirmed by both the Appellate Authority as well as the Revisional Authority.
"When the order of removal of the petitioner from service has been confirmed by the Appellate Authority and the Revisional authority, by order dated 01.04.1998 and again confirmed in G.O.(2D) No.408 dated 23.09.2009, the petitioner was keeping quite for a long time and now, he has come to this Court with a huge unexplained delay. Therefore, this Court finds no merits in this case. Hence, the writ petition fails."
-s/dAssistant Registrar
True Copy
rk
To
1.The Special Secretary,
Home (Pol.IX) Department,
Fort St. George, Chennai- 600 009.
2.The Director General of Police,
Mylapore, Chennai- 600 004.
3.The Inspector General of Police,
(Armed Police), Kilpauk, Chennai - 600 010.
4.The Deputy Inspector General of Police,
(Armed Police), Kilpauk, Chennai- 600 010.
5.The Commandant,
Tamil Nadu Special Police,
II Battalion, Avadi,
Chennai- 600 054.
+1 cc to Mr.R.Thanjan Advocate sr 45901
+1 cc to Government Pleader vider sr 45436
W.A.No.961 of 2016
aa29/08/2016
1 issue framed by the court
Whether the Single Judge was correct in dismissing the writ petition on the ground of inordinate delay and laches without considering the merits regarding the petitioner's removal from service.
K. Sankaran
The State of Tamil Nadu
HULUVADI G. RAMESH
M.V. MURALIDARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
