A.R.Mohan v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.R.Mohan ... Petitioner Vs
1. The Principal Secretary to Government, Home Department, Fort St.George, Chennai - 600 009.
2. The Director General of Police, Law & Order, Chennai.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider and pass orders on merits and in accordance with law on the petitioner's representation dated 13.05.2024 regarding grant of notional promotion to the post of Additional Superintendent of Police on par with his batch-mates, on account of quashing of the suspension order, charge memo and consequential treatment of the period of out of employment as duty for all purposes, within a time frame.
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For Petitioner : M/s. G.Bala and Daisy For Respondents : Mr. S.Arumugam, Government Advocate
O R D E R
The Writ Petition has been filed for directing the respondents herein to consider representation dated 13.05.2024 made by the petitioner seeking notional promotion to the post of Additional Superintendent of Police on par with his batch-mates, on account of quashing of the suspension order, charge memo and consequential treatment of the period of out of employment as duty for all purposes, within a time frame that may be fixed by this Court.
2. The petitioner had joined in the Police Department as SubInspector of Police on 24.02.1987. Thereafter, he was promoted to the post of Inspector of Police on 28.11.1997. While that being so, a complaint lodged as against the petitioner, the same was registered in Crime No. 10 of 2005 for the offences under Section 7 of the Prevention of Corruption Act, 1988 on the file of the Vigilance and Anti-Corruption Unit, Trichy. 2/6
3. In pursuant to the registration of the First Information Report, the petitioner was arrested and remanded to judicial custody and subsequently, he was released on bail. After completion of investigation, the final report was filed and the same has been taken cognizance in C.C. No. 09 of 2006 on the file of the Chief Judicial Magistrate, Trichy. Thereafter, it was transferred to file of the Special Court for Vigilance and AntiCorruption in S.C. No. 13 of 2011. Thereafter, he deemed to be suspension from service on 06.07.2005. Thereafter, the criminal case was ended in acquittal Subsequently, this Court by order dated 10.12.2018 in W.P. No. 30644 of 2018 directed the respondents therein permitted the petitioner to retire from service with all consequential benefits. In fact as against the said order, the respondents preferred an appeal in W.A. No. 190 of 2020 and the same was dismissed by order dated 15.03.2023. In pursuant to the order of acquittal passed by the criminal Court, the charge memo was quashed by this Court in W.P. No. 31756 of 2019.
4. In view of the direction issued by this Court, the petitioner was permitted to retire from service on reaching the date of superannuation on 3/6
31.05.2018. Insofar as the suspension period is concerned, the second respondent treated the period of suspension from 06.07.2005 to 31.05.2018 as duty for all purpose. Therefore, now the petitioner sought for notional promotion to the post of Additional Superintendent of Police on par with his batch-mates.
5. In view of the above, this Courts directs the respondents to consider the case of the petitioner for notional promotion to the post of Additional Superintendent of Police on par with his batch-mates and accordingly, revise his pension and other attended benefits, within a period of twelve weeks from the date of receipt of a copy of this order.
6. In the result, this Writ Petition is allowed to the extent indicated above. No costs.
08.07.2024 Index:Yes/No kv 4/6
To
1. The Principal Secretary to Government, Home Department, Fort St.George, Chennai - 600 009.
2. The Director General of Police, Law & Order, Chennai.
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G.K.ILANTHIRAIYAN, J.
kv 08.07.2024 6/6