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2026 Supreme(Online)(Mad) 33430

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
S.Shanmugavel – Appellant
Versus
The Principal Secretary to the Government, Home Department, St. George Fort, Chennai. – Respondent



Advocates:
For the Appellants/Petitioners: Mr.R.Gowrishankar
For the Respondents: Mr.S.Shaji Bino Special Government Pleader

Court directs expeditious disposal of pending mercy petition against disciplinary punishment without merits adjudication.

Headnote:The petitioner, a police inspector, faced disciplinary proceedings under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, resulting in punishment of stoppage of increment for three years with cumulative effect confirmed on review. A mercy petition dated 01.03.2024 remains pending before the Principal Secretary. The court directed expeditious disposal without merits consideration. Issue framed: direction for timely disposal of pending mercy petition against disciplinary punishment orders. Ratio: court refrains from merits, mandates disposal within 12 weeks based on respondent's undertaking for expeditious consideration. Writ petition disposed directing first respondent to dispose mercy petition within twelve weeks from order receipt.

Table of Content
1. notice taken and petition disposed at admission with consent. (Para 1 , 2 , 3)
2. pending mercy petition against disciplinary punishment. (Para 4 , 5 , 6)
3. direction for expeditious disposal within 12 weeks. (Para 7 , 8)

O R D E R

Mr.S.Shaji Bino, learned Special Government Pleader takes notice for the respondents.

2. With the consent of both sides, this writ petition is disposed of at the admission stage.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

4. This writ petition has been filed seeking a writ of mandamus directing the first respondent to dispose the pending mercy petition dated 01.03.2024, within a time frame as fixed by this Court.

5. The petitioner herein while serving as an Inspector of Police in Economic Offences-II, Madurai, was subjected to disciplinary proceedings under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules on various charges. As a result, a punishment of stoppage of increment for a period of three years with cumulative effect was imposed vide G.O(2D) No.93 Home (POL-2) Department, dated 19.02.2009. Aggrieved by the said order passed by the first respondent, the petitioner filed a review application through proper channel before the first respondent. The first respondent, by order in G.O. (2D) No.49, Home (Police-IV) Department, dated 11.02.2016, confirmed the original order of punishment.Thereafter, the petitioner filed W.P. (MD) No.8762 of 2016 challenging both the order of punishment and the review order. However, the petitioner chose to withdraw the writ petition with liberty to file a mercy petition. Accordingly, the petitioner submitted a mercy petition dated 01.03.2024 before the first respondent, which is still pending consideration.

6. It is complaining about the inaction on the part of the first respondent on the said mercy petition, the petitioner has approached this Court by filing the present writ petition.

7. Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents submits that if the said mercy petition is pending, the first respondent will dispose of the same as expeditiously as possible.

8. In the light of the above, without going into the merits of the matter, this writ petition is disposed of directing the first respondent to dispose of the mercy petition dated 01.03.2024 submitted by the petitioner against the order of punishment dated 19.02.2009 and 11.02.2016, as expeditiously as possible, at any rate, within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

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