The Principal Secretary To v. I.Kader Batcha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-01-2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.A.No.1605 of 2014 and M.P.No.1 of 2014 1.
The Principal Secretary to Government Home (Pol.2) Department Secretariat, Fort St. George Chennai - 600 009 The Director General of Police Chennai - 600 004 The Deputy Superintendent of Police Civil Supplies CID Villupuram The Inspector General of Police Civil Supplies CID Nandanam, Chennai - 600 035 The Vigilance Commissioner Tamil Nadu State Vigilance Commission Chennai Appellants Vs.
I. Kader Batcha Respondent Writ Appeal filed against the interim order dated 28-11-2013 made in M.P.No.2 of 2013 in W.P.No.31912 of 2013. Writ Petition filed under Article 226 of the Constitution of India. Writ Petition praying to calling for the records of the Charge Memo in P.R. No.2/2004 dated 5.5.2004 U/r. 3(b) as the direction issued by this Honourable Court in W.P.No.29642/04 dated 26.6.2013 is not complied with and the Charge Memo in P.R.No.6/2007 dated 13.11.2007 pending on the files of the 3rd and 4th respondents respectively quash the same and consequentially direct the respondents 1 & 2 to grant promotion to the petitioner with all attendant benefits in terms of the amendment dated 1.10.1999 carried to the Proviso to Paragraph 4 II (2) of Lr.Ms.No.248 P&AR.(S) Dept. dated 20.10.97 with effect from the date of promotion of the petitioners junior placed at
Sl.No.62 of the G.O.(Ms).No.504 dated 29.6.2009 issued by the 1st respndent in WP.31912/2013.
For appellants Mr. N. Sakthivel, GA For respondents Mr. A. Singaravelan for M/s. Ahmad Associates
ORDER
(Order of the Court is made by SATISH K. AGNIHOTRI,J.) With the consent of both the parties, the appeal is taken up for final disposal.
Challenge in this intra-court appeal is to the order dated 28-11-2013, wherein, according to the learned counsel for the appellants, a positive direction has been issued to consider the case of the respondent herein for empanelment for the post of Deputy Superintendent of Police after observing that there should not be any impediment for the appellants to promote the respondent temporarily as Deputy Superintendent of Police under Rule 39(d) of the Tamil Nadu State and Subordinate Service Rules, 1955, within a period of eight weeks from the date of receipt of a copy of the order. On a perusal of the impugned order, it appears that the same has been passed at the admission stage itself, at the time of issuing notice.
After hearing the learned counsel appearing for the parties, we are of the considered opinion that the interest of justice would subserve, if the interim order is made subject to the final outcome of the pending writ petition.
The writ appeal is disposed of accordingly. The connected miscellaneous petitions is closed.
glp -s/d- Assistant Registrar(CO) Dt:27/1/2015 True Copy Sub-Assistant Registrar To 1.
The Principal Secretary to Government Home (Pol.2) Department Secretariat, Fort St. George Chennai - 600 009
The Director General of Police Chennai - 600 004 The Deputy Superintendent of Police Civil Supplies CID Villupuram The Inspector General of Police Civil Supplies CID Nandanam, Chennai - 600 035 The Vigilance Commissioner Tamil Nadu State Vigilance Commission Chennai + 1 cc to M/s.Ahmed Associates, Advocate SR 645 mg(co) prk4/2 W.A.No.1605 of 2014 and M.P.No.1 of 2014