P.DHARMAR Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This Writ Petition is filed for issuing a Writ of Certiorarified Mandamus to quash the impugned order of respondent and to direct the respondent to allow the petitioner to retire from service on 31.08.2013 on the date of his superannuantion with all service and monetary benefits.

(2.) The brief facts leading to the filing of this Writ Petition are as follows:

(3.) Though the petitioner has an effective alternative remedy of preferring an appeal, as per the service rules, stating that the impugned order is in violation of the principles of natural justice, the above Writ Petition is filed. Though the findings are on facts and opportunity was given to the petitioner during enquiry, having regard to the fact that the Writ Petition was filed in 2013 and pending for more than six years, driving the petitioner once again to prefer an appeal as against the impugned order, may not be proper. It is also admitted that the petitioner died during the pendency of the Writ Petition and his legal heirs are impleaded now to prosecute the Writ Petition. It is in the said circumstances, this Court is inclined to decide the Writ Petition on merits.