L.Sugumar v. The Principal Secretary To Government Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH L.Sugumar ... Petitioner Vs.

1.The Principal Secretary to Government of Tamilnadu, Home Department, Fort St. George, Chennai 600 009.

2.The Director General of Police, Tamil Naddu, Chennai 600 004.

3.The Additional Director General of Police, State Crime Petrol Bureau, Pattinapakkam, Chennai 600 028.

4.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in Rc.No.A2/234/3217/2020 dated 17.05.2021 and quash the same and consequently, notionally promote the petitioner as Technical Officer on par with his seniors as against the vacancies as on 01.08.2017, revise his pension accordingly.

For Petitioner : M/s.T.Kokilavane For Respondents : Mr.M.Muthusamy, GA

O R D E R

This Writ Petition has been filed by the petitioner for quashment of the impugned order passed by the third respondent in Rc.No.A2/234/3217/2020 dated 17.05.2021 and consequently, promote the petitioner as Technical Officer on par with his seniors as against the vacancies as on 01.08.2017 and also revise his pension.

2. Heard the learned counsel on either side and also perused the materials available on record.

3. The learned Government Advocate appearing for the respondents submitted that the name of the petitioner was not recommended for the panel year 2016-17 as he was undergoing currency of punishment, when the recommendation roll for the year 2016-17 was sent to the Government for consideration. Hence the prayer of the petitioner cannot be considered.

4. At this juncture, the learned counsel for the petitioner produced the proceedings of the Additional Director General of Police, Law and Order, Chennai in Rc.No.079301/AP.I(1)/2016 dated 20.07.2016, in which the Additional Director General of Police has cancelled the punishment of the petitioner.

5. In view of the submissions made by the learned counsel on either side, the impugned order passed by the third respondent in Rc.No.A2/234/3217/2020 dated 17.05.2021 is hereby set aside and this Courts directs the third respondent to pass appropriate order in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6.With the above directions, this Writ Petition is disposed of. No costs. 04.09.2024 vkr Index : Yes / No Speaking order / Non-speaking order

To 1.The Principal Secretary to Government of Tamilnadu, Home Department, Fort St. George, Chennai 600 009.

2.The Director General of Police, Tamil Naddu, Chennai 600 004.

3.The Additional Director General of Police, State Crime Petrol Bureau, Pattinapakkam, Chennai 600 028.

4.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

VIVEK KUMAR SINGH, J.

vkr 04.09.2024