IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.12.2009 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.No.15977 of 2009 A.Krishnan .. Petitioner Vs. 1.The Government of Tamil Nadu, Rep. By is Secretary to Government Home (Police) Department Secretariat, Chennai – 600 009. 2.The Director General of Police, Chennai – 600 004. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the respondents to consider the petitioner representation dated 08.07.2009 and to issue appropriate posting orders for Police Constable grade II and reinstate the petitioner in service within the limited time frame as deemed fit. For petitioner : Mr.M.Ravi For respondents : Mr.R.Neelakanan, G.A. O R D E R Heard both sides. 2. The petitioner was appointed as Grade II Police Constable by an order dated 21.03.1997. Subsequently, the petitioner while he was in training, went on medical leave on 07.06.1997. A charge memo was framed against the petitioner under Rule 3(b) of the Tamil Nadu Subordinate Service (D & A) Rules. The claim of the petitioner is charge memo resulted in postponement of increment for one year without cumulative effect. By order dated 26.7.1999, The Director General of Police, the second respondent herein, permitted the petitioner to undergo the training. Thereafter, the petitioner claims that he was not allowed to go for training. Therefore, he made representation dated 08.07.2009 to permit him to go for training and that representation was not disposed of till date and therefore, he filed the present writ petition seeking for disposal of the representation and also to reinstate him in service. https://hcservices.ecourts.gov.in/hcservices/ 3. On notice from this court, the learned Government Advocate produced a written instructions stating that the petitioner was permitted to undergo training by the order of the Deputy General of Police dated 26.08.1999 and the petitioner also reported for duty on 28.09.1999. The petitioner was given passport to RPC 310 with instructions to report before the Principal Ty.PRS at Manimuthar training camp on 30.09.2009. Instead of reporting for duty on receipt of passport, the petitioner once again entered on medical leave from 1.10.1999 to 25.10.1999. After completion of medical leave for 25 days, he reported before the Commandant, TSP IX Bn., Manimuthar for training on 26.10.1999. He was directed to report before the Chief Drill Instructor. But he did not report and went unauthorisedly absent from duty with effect from 26.10.1999. Thereafter, necessary action was taken against the petitioner. The petitioner was once again given a charge memo under Rule 3(b)of the Tamil Nadu Subordinate Service (D & A) Rules 1955 in PR No.35/2000 for having unathorisedly absented himself for training with effect from 26.10.1999. The petitioner did not complete his basic training. On the basis of proved minute submitted by the Assistant Commandant, TSP VII Bn., Palani, the petitioner was imposed penalty of "Removal from Service" by order dated 04.08.2000. The petitioner also acknowledged the order on 12.08.2000. 4. The petitioner never preferred any appeal or review against the said punishment. It is also shocking that the petitioner has not revealed the above facts in the writ petition. 5. In the light of the same, the writ petition is misconceived. Accordingly, the same is dismissed. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar rj To 1.The Secretary to Government Home (Police) Department Secretariat, Chennai – 600 009. 2.The Director General of Police, Chennai – 600 004. + 1 cc to Government Pleader,SR.69995 + 1 cc to Mr.M.Ravi,Advocate,SR.69846 W.P. No.15977 of 2009 PKB(CO) EM/5.1.10 https://hcservices.ecourts.gov.in/hcservices/