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2014 Supreme(Mad) 3517
Madurai Bench of Madras High Court
K.K. SASIDHARAN, J.
Prabhakaran
Versus
The Director General of Police, Chennai
W.P. (MD) No. 16333 of 2014
Decided on: 25-09-2014
For the Petitioner:R. Meenakshi Sundaram, Advocate.
For the Respondent:R. Velmurugan, Government Advocate.
The disciplinary authority must review a suspension, and the petitioner has the right to submit a representation for the review.
Headnote:
Suspension - Mercy Petition - Review of Suspension
Fact of the Case:
The petitioner was suspended due to involvement in a criminal case and filed an appeal challenging the suspension. The appeal was rejected for being filed beyond 30 days. The petitioner filed a mercy petition and requested to consider the appeal along with the mercy petition on merits.
Finding of the Court:
The court directed the petitioner to submit a representation to review the suspension, noting that there was no evidence of the disciplinary authority reviewing the suspension since the initial suspension in 2012. The petitioner was given liberty to submit the representation, which would be considered and disposed of by the Commandant within eight weeks.
Issues: Prolonged suspension, appeal rejection, mercy petition, review of suspension
Ratio Decidendi: The court emphasized the need for the disciplinary authority to review the suspension and granted the petitioner the opportunity to submit a representation for the review.
Final Decision: The Writ Petition was disposed of with the direction for the petitioner to submit a representation for the review of the suspension.
1. The petitioner was suspended by the Commandant, Tamil Nadu Special Police, Vellore Unit at Avadi, by order dated 12.01.2012, on account of his involvement in a criminal case. The petitioner filed an appeal before the respondent challenging the said order. The appeal was rejected on the ground that it was filed beyond a period of 30 days. The petitioner was directed to re-present it along with a mercy petition. The petitioner accordingly filed a mercy petition on 23.11.2013. The present request is to consider the said appeal along with the mercy petition on merits.
2. The learned counsel for the petitioner submitted that the petitioner is under prolonged suspension and hence, he should be given liberty to submit a representation to review the suspension.
3. The petitioner was suspended as early as on 12.01.2012. There is nothing on record to show that the disciplinary authority reviewed the suspension thereafter.
4. The petitioner is given liberty to submit a representation to the Commandant, XV Battalion, Vellore Unit at Avadi to review his suspension. In case, any such representation is given, the same shall be considered and disposed of by the Commandant, as expeditiously as possible and in any case within a period of eight weeks from the date of receipt.
5. The Writ Petition is disposed of with the above direction. No costs.
