This order addressed a delay condonation petition and a restoration petition regarding a writ challenge against an order denying promotion promotion to a police constable. The court allowed both petitions, conditioning the restoration on payment of a filing fee.
Delay condoned and restoration granted conditional upon payment of Rs. 500/- cost.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction )
Friday, the Twenty Third day of March Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice S.M.SUBRAMANIAM
WMP(MD) No.6213 of 2018 IN WP(MD) No.13168 of 2009
P. RAJAN ... PETITIONER/PETITIONER
Vs
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay of 32 days and such other orders as this Honble Court may deem fit and proper in the circumstances of the case.
Prayer in WP(MD). 13168/ 2009 :
Writ 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 1st respondent in connection with the impugned order passed by him in C No.A1/16053/08 ROO No.376/2008 dated 5.10.2009 and quash the same and further direct the respondents to select and include the petitioner's name in C list of Head Constables, AR fit for promotion as Sub-Inspector, AR for the year 1999-2000 and grant him all consequential service and monetary benefits.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.VEERA ASSOCIATES, Advocate for the petitioner the court made the following order:-
Condone delay petition stands allowed.
Restoration Petition stands allowed on condition to pay a sum https://hcservices.ecourts.gov.in/hcservices/ of Rs.500/- towards cost to the credit of Legal Services Committee attached to this Bench on or before 28.3.18, failing which this
petition shall stand dismissed automatically without further reference to this Court.
Registry is directed to number the Restoration Petition.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE DEPUTY INSPECTOR GENERAL OF POLICE TIRUNELVELI RANGE, TIRUNELVELI 2 THE DIRECTOR GENERAL OF POLICE, TAMILNADU, CHENNAI-4. 3 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT & CHAIRMAN, RANGE PROMOTION BOARD, TIRUNELVELI RANGE. Copy to 1 THE OFFICER IN CHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 2 THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN WMP(MD) No.6213 of 2018 IN WP(MD) No.13168 of 2009 Date :23/03/2018
MKV-PN-SAR 2/23.3.2018/2P-6C
2 issues framed by the court
Whether the delay of 32 days in filing the condonation petition be condoned.
Whether the restoration petition in the writ petition filed under Article 226 of the Constitution be allowed.
1 provisions across 1 enactments
P. RAJAN
THE DEPUTY INSPECTOR GENERAL OF POLICE TIRUNELVELI RANGE, TIRUNELVELI
THE DIRECTOR GENERAL OF POLICE, TAMILNADU, CHENNAI-4
THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT & CHAIRMAN, RANGE PROMOTION BOARD, TIRUNELVELI RANGE
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
