Writ petition by a dismissed police subordinate seeking reinstatement through consideration of representations. Single judge held the rules do not empower authorities to reinstate after dismissal and that the proper remedy is to challenge the dismissal order.
Liberty granted to the petitioner to challenge the order of dismissal.
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.
W.P.No.16418 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.16418 of 2023
V.Lakshmi
...Petitioner
Vs
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent herein to
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W.P.No.16418 of 2023
consider the representations dated 20.09.2021 and 21.10.2021 and pass appropriate orders in accordance with law within a stipulated period.
For Petitioner : Mr.D.John Samuvel
For Respondents : Mr.P.Sanjay Gandhi Government Advocate
ORDER
With the consent of both the parties, this Writ Petition is taken up
for final disposal at the admission stage itself.
wherein she has sought for reinstatement into service. Admittedly, the petitioner herein was dismissed from service on 26.04.2014 and she has not challenged the dismissal order.
3. The Tamil Nadu Police Subordinate Service (Discipline and
Appeal) Rules does not empower the authorities to reinstate the
petitioner, who has already been dismissed from service and the appropriate remedy available to the petitioner would be to challenge the order of dismissal in accordance with law.
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W.P.No.16418 of 2023
4. In view of the above, the present prayer seeking for
consideration of her representations cannot be entertained. However,
liberty is granted to the petitioner to challenge the order of dismissal.
5. With the above liberty, the Writ Petition stands closed. No costs.
05.06.2023
Index:Yes/No Speaking order/Non-speaking order hvk
To
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W.P.No.16418 of 2023
M.S.RAMESH,J.
hvk
W.P.No.16418 of 2023
05.06.2023
2 issues framed by the court
Whether the authorities can be directed under Article 226 to consider representations for reinstatement without challenging the dismissal order.
Whether the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules empower authorities to reinstate a petitioner already dismissed from service.
2 provisions across 2 enactments
V. Lakshmi
The Government of Tamil Nadu
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
