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Madras High CourtWP(MD)/13279/2009dismissed

P.Nagamanickam, v. The Director General Of Police

2020-10-08Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD).No.13279 of 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.13279 of 2009 P.Nagamanickam ... Petitioner -VsThe Director General of Police, Chennai ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the respondent in connection with the impugned proceedings issued by him in RC.No.GB11(1)187665/2008 dated 25.08.2009 and quash the same insofar as declaration of the petitioner's name not included in the panel to the Superintendent of Police consequently direct the respondent to empanel the petitioner in the impugned panel and to promote the petitioner by recruiting by transfer with retrospective effect from the date of promotion of petitioner's junior with all consequential service and monetary benefits.

For Petitioner : Mr.S.Sivasubramanian For Respondent : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader

ORDER

The impugned order, dated 25.08.2009 states that the name of the writ petitioner was considered for the temporary panel of Inspector of Police fit for appointment by recruitment by transfer as Deputy Superintendent of Police for the year 2008-2009. At that time, the petitioner was having 14 punishments, out of 14 punishments, 5 punishments are in currency during the relevant point of time. In view of the fact that, the petitioner suffered 14 punishments and out of the said punishments, five punishments are in currency and he has not been considered for promotion. 2.Even at that time of filing of the present writ petition, the petitioner was aged about 55 years and now, he would be around 66 years. During the relevant point of time, when his name was considered for promotion to the post of Deputy Superintendent of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.13279 of 2009 Police, the petitioner was suffering 14 punishments and five punishments are in currency. This being the factum establish, this Court is of the considered opinion that the promotion of the writ petitioner was rightly deferred and if any other grievance exist on account of efflux of time, it is open to the writ petitioner to approach the competent authority in the manner known to law. 3.With the above observations, this Writ Petition stand dismissed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To The Director General of Police, Chennai +1 CC to M/s.GP ( SR-19620[F] dated 09/10/2020 ) W.P.(MD).No.13279 of 2009 08.10.2020 ark(CO) KK(21.10.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2