E. ELANCHEZHIYAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The order of punishment of removal from service is under challenge in the present writ petition.

(2.) The petitioner joined as Grade-II Police Constable in Chennai City Armed Reserve in the year 1997. The petitioner remained unauthorizedly absent for more than 21 days and consequently, he was declared as a deserter. While declaring the petitioner as deserter in proceedings dtd. 15/3/2006, the second respondent/The Deputy Commissioner of Police directed the petitioner to report for duty within a period of 60 days. The petitioner has not responded to the notice and therefore, the authorities competent initiated disciplinary proceedings and by following the procedures as contemplated under the Discipline and Appeal Rules, issued an order of removal in proceedings dtd. 8/9/2007. The petitioner filed a Review-cum-Mercy Petition only on 22/12/2014. The Review Petition itself was filed, after a lapse of about 7 years from the date of removal from service. The said Review petitioncum-Mercy Petition was rejected by the first respondent on 28/2/2015 and thereafter, the present writ petition is filed.

(3.) There was an enormous delay in pursuing the remedy by the writ petitioner. He was removed from service in proceedings dtd. 8/9/2007 and he has not preferred any appeal before the Appellate Authority as contemplated under the Rules. Contrarily, he filed a Review-cum-Mercy Petition only in the year 2014, after a lapse of 7 years.