N.Shanmugavel v. The Managing Director,

W.P.No.26588 of 2019 C.V. KARTHIKEYAN , J.

The petitioner by any stretch of imagination is entitled to get promotion with effect from 01.07.2011 since the period of punishment of cut in increment was with effect from the period of one year between May, 2011 and July, 2012. After that period of one year, the petitioner is eligible to be given promotion. If the petitioner is not considered for promotion, it would amount to imposing of two punishments for one offence of being absent.

2.

The first would be the cut in increment and the second would the denial of promotion.

3.

That issue had been addressed by Full Bench in the case of The Deputy Inspector General of Police and another v V.Rani [2011-3-L.W.673]. The Full Bench had held that promotion should not be denied after the period of punishment had elapsed.

4.

Learned Special Government Pleader may get necessary instructions.

5.

List on 09.08.2023.

25.07.2023 ssm https://www.mhc.tn.gov.in/judis