A.Balasubramanian v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) Nos.19217 of 2017 & 10797 of 2018 A.Balasubramanian ... Petitioner -vs1.The Principal Secretary to the Government Home (Police-IV) Department Fort St.George, Chennai-600 009 2.The Director General of Police Tamil Nadu, Chennai 3.The Inspector General of Police (Railway) Chennai-8 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the second respondent dated 23.06.2017 in Rc.No. 32116/NGB-1(1)/2017 quash the same and to place the petitioner for the promotion for the panel Inspector of Police in the year of 2005 and

consequently direct the respondents to promote the petitioner for the post of Deputy Superintendent of Police for the panel year of 2012 and to give all benefits arising thereto.

For Petitioner :

Mr.S.Ramasamy For Respondents :

Mr.G.Suriya Ananth Additional Government Pleader

O R D E R

This writ petition has been filed challenging the impugned order, dated 23.06.2017, passed by the second respondent, rejecting the petitioner's request to place him in the panel for promotion to the post of Inspector of Police in the year 2005 and consequently, to direct the respondents to promote him for the post of Deputy Superintendent of Police for the panel year of 2012.

2. The petitioner claims that since the currency period of punishment imposed on him, namely, postponement of increment for a period of one year without cumulative effect has come to an end, his right to get promoted should not be affected. Under the impugned order, the petitioner's

request for promotion has been rejected, only on the ground that he has been imposed with a punishment of postponement of increment for a period of one year without cumulative effect. Since the currency period of punishment has now got ended, the petitioner is entitled to be considered for being promoted to the next level of post, if he is otherwise eligible.

3. The law is now well settled with regard to the aforesaid proposition. However, under the impugned order, despite the fact that the currency period of punishment, which is a minor punishment, has got ended, the second respondent has erroneously rejected the petitioner's request, by total non-application of mind to the well settled law that once the currency period of punishment comes to an end, the request for promotion can be considered.

4. For the foregoing reasons, the impugned order, dated 23.06.2017, passed by the second respondent, has to be quashed and the matter has to be remanded back to the second respondent for fresh consideration of the petitioner's request seeking for promotion to the next level post.

5. In the result, the impugned order, dated 23.06.2017, passed by the second respondent is hereby quashed and the matter is remanded back to the second respondent for fresh consideration on merits and in accordance with law, on the petitioner's request seeking for promotion to the next level of post. The second respondent is directed to pass final orders, within a period of sixteen weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 01.10.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Principal Secretary to the Government, Home (Police-IV) Department, Fort St.George, Chennai-600 009.

2.The Director General of Police, Tamil Nadu, Chennai.

3.The Inspector General of Police (Railway), Chennai-8.

ABDUL QUDDHOSE, J.

krk and W.M.P.(MD) Nos.19217 of 2017 & 10797 of 2018 01.10.2024