P. SAKTHI Vs. THE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, a Police Constable in the service of the State of Tamil Nadu is aggrieved with the denial of consideration for promotion to the post of Sub Inspector of Police. The appellant who was initially appointed on 1/3/2002, was eligible for consideration in the year 2019 when a notification was issued for considering eligible constables for in service promotion in the 20% departmental quota. The appellant applied for the same but by Annexure P/8 dtd. 13/4/2019, he was denied consideration since, according to the Superintendent of Police, he was disentitled as per the rules for reason of a punishment of postponement of next increment for one year without cumulative effect, imposed on 9/5/2005.

(3.) True, the recruitment rules provided for disentitling an in-service candidate, if they did not have a clean record of service without any punishment other than minor punishment of black mark, reprimand and/or censure. However, the appellant's punishment was interfered with and set aside by Annexure P/4 as early as 27/11/2009. The criminal case lodged against him on the similar set of facts had also ended in his acquittal.