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2015 DIGILAW 842 (MAD)

K. Karthikeyan v. Director General of Police, Tamil Nadu, Chennai

2015-02-11

K.RAVICHANDRA BAABU

body2015
Judgment 1. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents and by consent of both the parties, the main writ petition itself is taken up for final disposal at the stage of admission. 2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3. The petitioner is aggrieved against the order of punishment of compulsory retirement. The petitioner was working as Police Constable and suffered with the punishment on 20.09.2011. The appeal preferred to the third respondent was rejected on 02.12.2011. Thereafter, he filed a review before the second respondent who in turn informed the third respondent that the review petition preferred before the second respondent is not maintainable and it has to be preferred only with the second respondent. Consequently, the petitioner preferred a revision petition on 30.06.2013, to the first respondent and the same is still pending. As the said petition is not disposed of, the petitioner has filed the present writ petition challenging the order of punishment and the consequential order of the appellate authority. 4. Considering the fact that the petitioner has already filed a review before the first respondent, it is for the first respondent to consider and decide the same and pass orders on merits and in accordance with law. 5. The learned Additional Government Pleader appearing for the respondents submitted that such review has to be filed only through proper channel namely the fourth respondent. 6. The learned Counsel appearing for the petitioner submitted that he has already filed a review only through proper channel and therefore, the first respondent may be directed to dispose of such review. 7. Considering the fact that the review is still pending before the first respondent, the petitioner is not justified in challenging the original order of punishment in this writ petition. Therefore, without expressing any view on the merits and the contentions raised by the petitioner, I only direct the first respondent to consider the review petition filed by the petitioner on 30.06.2013 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 8. Accordingly, the writ petition is disposed of. Consequently, the connected Miscellaneous petition is closed.