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2013 DIGILAW 874 (MAD)

Jothi v. Secretary to the Govt.

2013-02-12

VINOD K.SHARMA

body2013
JUDGMENT 1. The petitioner is the widow of late G. Ragupathy, Police Constable Grade I C.C.No.725, who joined the service on 29.6.1966. 2. That due to illness, husband of the petitioner could not attend duty from 25.4.1999 to 15.5.1999. The respondents treated the period of leave to be absent from duty and removed him from service on the ground of proved misconduct. 3. Being aggrieved by the order of removal from service, husband of the petitioner preferred an appeal before the third respondent, the appeal also dismissed. 4. Thereafter, he preferred review petition before the third respondent which was also dismissed on 27.6.2001. 5. It is not disputed by the counsel for the parties that the statutory remedy of mercy petition was available and the husband of the petitioner had filed statutory mercy petition before the State Government. That during pendency of the mercy petition, late G. Ragupathy, P.C. 725 died and widow of late G. Ragupathy has approached this Court to challenge the order of removal from service. 6. On consideration, this Court finds that once statutory mercy petition is pending, this writ petition is not competent, as the husband of the petitioner has availed the alternative statutory remedy, on which decision is yet to be taken. This writ therefore amount to parallel proceeding on same cause of action which is not permissible in law. Consequently, this writ petition is disposed of by directing the respondent No.1 to take a final decision on the mercy petition filed by late G. Ragupathy, P.C.725, within two months of the date of receipt of copy of this order, by bringing on record the petitioner as legal representative of the deceased G. Ragupathy. No costs.