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Madras High CourtWP(MD)/18419/2023disposed of

Esakki Raja.E v. The Superintendent Of Police

2023-10-13Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.15292 of 2023 E.Esakki Raja ... Petitioner Vs.

The Superintendent of Police, Dindigul District, Dindigul.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to calling for the records relating to the impugned order, dated 10.07.2023 in j.g.vz;.vg; 2/j.g.36/2023-tpjp3(m) and consequential implementation order in D. No.804/2023, dated 11.07.2023 by the respondent, quash the same as illegal.

For Petitioner : Mr.M.Prabu For Respondents : Mr.R.Suresh Kumar Additional Government Pleader 1/4

ORDER

The present writ petition has been filed by Sub Inspector of Police challenging an order of censure passed against him on 11.07.2023.

2. It could be seen from the records that the delinquency has happened in the year 2020 and the order of censure has been passed on 10.07.2023. In view of Clause 14 of Schedule 11 of Tamil Nadu Government Servants Conditions of Service Act 2016, the punishment of 'Censure' imposed on a member of service within a period of one year preceeding the crucial date shall not be held against a member of service, if the delinquency in respect of which such punishment is imposed had occurred prior to five years preceeding the crucial date.

3. In a case where the name of the petitioner comes up for consideration for any promotion after a period of 5 years from the date of delinquency, namely 07.06.2020, there is no impediment for the authorities to consider his name. According to the learned Additional Government Pleader appearing for the respondent, the petitioner has filed a statutory appeal before the Deputy Inspector General of police, Dindigul Range and same has also been dismissed on 20.09.2023. In view of the above said facts, no grounds have been made out for interfering in the order of censure.

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4. With the said observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 13.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To The Superintendent of Police, Dindigul District, Dindigul.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

13.10.2023 4/4