IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.34010 of 2006 (O.A.No.9919 of 1998) R.Bhaskaran ... Petitioner Vs The Commandant, Tamil Nadu Special Police V Battalion, Avadi, Chennai. ... Respondent Prayer: Writ petition came to be numbered under Article 226 of Constitution of India to issue a writ of Certiorarified Mandamus by transfer of O.A.No.9919 of 1998 on the file of the Tamil Nadu Administrative Tribunal praying to call for the records of the respondent in connection with PR.No.21/98 dt 9.11.98 and quash the same and direct the respondent to reinstate the applicant into service and grant him all consequential service and monetary benefits. For Petitioner : Mr.M.Muthappan For Respondent : Mr.B.Vijay, G.A. ORDER This writ petition is filed by the petitioner to call for the records of the respondent in connection with PR.No.21/98 dt 9.11.98 and quash the same and direct the respondent to reinstate the applicant into service and grant him all consequential service and monetary benefits. 2. The petitioner in this case was suffered an order of removal from service on the charge of desertion from service during the period between 21.9.1996 and 25.9.1996. The reason given by the petitioner in the original application is that he underwent surgery at Stanley Hospital and was taking treatment prior to that. A charge memo was issued, a reply was submitted by the petitioner explaining the reason for his absence. The enquiry officer held that the charges were proved and the disciplinary authority imposed the punishment as above. https://hcservices.ecourts.gov.in/hcservices/ 3. In accordance with Rule 6 of Tamil Nadu Police Subordinate Services ( Discipline and Appeal) Rules, an appeal lies to the Deputy Superintendent of Police ( armed police), who is the appellate authority, and such appeal has not been preferred. The petitioner has instead approached the Tribunal and the interim stay of order of removal from service has been granted and the same is still continuing. In this case, oral and documentary evidence has been let in and it needs re-appreciation on merits. This Court is not inclined to go into factual aspects at present and re-appreciate the oral and documentary evidence. However, as pleaded by the learned counsel, the petitioner is granted liberty to file an appeal to the appellate authority as indicated above. If an appeal is filed on or before 26.3.2010, the same shall be considered and disposed of by the appellate authority within three months thereafter. It is made clear that the order of interim stay granted by the Tribunal shall continue till the disposal of the appeal. If the appeal is not filed within the time stipulated, the order of punishment shall stand restored forthwith. 4. The learned senior counsel appearing for the petitioner submits that the delinquency in this case is a solitary instance in the career of the petitioner and the reason for absence is stated to be a genuine inasmuch as he was suffering from illness. Therefore, the authority may be directed to also consider the appeal leniently in the event of concurring with the findings on delinquency. Needless to state the appellate authority shall inter alia consider the petitioner's plea of absence on health grounds. The subsequent conduct of the petitioner in the service can also be considered while disposing the appeal on merits including the plea on lenience. 5. The writ petition is disposed of with the above directions. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ra To The Commandant, Tamil Nadu Special Police V Battalion, Avadi, Chennai. 1 cc to Government Pleader, Sr.No.7757 W.P.No.34010 of 2006 RSI {CO} (O.A.No.9919 of 1998) TP/25.2.2010. https://hcservices.ecourts.gov.in/hcservices/