M AROKIYASAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner has approached this Court seeking the following reliefs:

(2.) The petitioner was appointed as Gr-II Police Constable on 31.10.1997. He had successfully completed his probationary period and was serving in the Tamil Nadu Special Police without any blemish or any fault. While serving in the Police Department, the petitioner was issued a charge memorandum dated 14.03.2003, alleging that he remained absent for considerable time and he was declared as 'Deserter'. On enquiry, it appears that the petitioner had given his explanation that he was suffering from severe ulcer, due to which, he had taken prolonged treatment. However, according to the petitioner, without considering the explanation, the report was submitted holding the charges proved and on the basis of the said report, the 3rd respondent, by proceedings, dated 05.06.2003, removed the petitioner from service on the ground that he deserted duty from 01.11.200

(3.) The order of removal was passed against the petitioner considering the fact that he was earlier remained absent without proper intimation to the Department at least on four occasions. Against the order of removal, a Mercy Petition was filed with the 2nd respondent on 20.06.2005. Since no action was taken on the mercy petition, the petitioner sent a legal notice on 109.2007 and the same was rejected by the 2nd respondent, on 28.04.2008. Thereafter, he sent yet another mercy petition to the 2nd respondent on 29.10.2010. However, by order dated 29.11.2010, the second mercy petition came to be rejected. These orders are put to challenge in the present writ petition.