M. Chinnathambi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.6360 and 6361 of 2016 M.Chinnathambi ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Home (Pol.2) Department, Secretariat, Chennai - 9.

2.The Director General of Police, Mylapore, Chennai - 4.

3.The Chairman, Tamil Nadu Public Service Commission, Chennai - 3.

4.The Commissioner of Police, O/o. the Commissioner of Police, Trichy City, Trichy, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent in his 1/5

proceedings in Letter No.49893/Pol.2/2012-9 dated 31.12.2015 and quash the same as illegal and consequently to direct the respondents to promote the petitioner as Deputy Superintendent of Police (Cat.I) for the year 2000-2001 notionally on par with his junior i.e. from 15.10.2001 and settle all the monetary and other benefits within the period that may be stipulated by this Court.

For Petitioner : No Appearance.

For Respondents : Mr.S.R.A.Ramachandran, Additional Government Pleader.

ORDER

This Writ Petition is filed to quash the impugned order dated 31.12.2015 and to grant promotion as Deputy Superintendent of Police (Cat.I) for the year 2000-2001 notionally on par with his junior i.e. from 15.10.2001 and settle all the monetary and other benefits attached to the same.

2. The respondents declined the promotion for the petitioner, since during the said period, the petitioner was imposed with the punishment of censure. Pending Writ Petition, the Commissioner of Police, Trichy, the fourth respondent herein, has recommended to the Director General of Police to grant notional promotion for the year 2000-2001 through his recommendation in e.f.vz; m1/9450/2019 dated 15.11.2022.

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3. Therefore, the impugned order is quashed and this Court directs the second respondent to consider the recommendation of the fourth respondent and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order.

4. In view of the above, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 12.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The Principal Secretary to Government, The State of Tamil Nadu, Home (Pol.2) Department, Secretariat, Chennai - 9.

2.The Director General of Police, Mylapore, Chennai - 4.

3.The Chairman, Tamil Nadu Public Service Commission, Chennai - 3.

4.The Commissioner of Police, O/o. the Commissioner of Police, Trichy City, Trichy, Trichy District.

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S.SRIMATHY, J.

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