T R NATANAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, while serving as Inspector of Police, suffered a punishment of reduction in time scale of pay by one stage for one year, by order dated 30.07.99. Aggrieved by the said order of punishment, the petitioner preferred an appeal and the same was also dismissed. As against that order, the present Original Application has been filed.

(2.) LEARNED counsel appearing for the petitioner submits that though the petitioner suffered the punishment for an incident that took place in the year 1989, any punishment awarded should not be taken into consideration, while considering the delinquent for promotion, if the incident had taken place 5 years prior to the date of order of punishment (and only the disciplinary proceedings were pending on the date of drawal of the promotion panel). In his further submission, he has also relied upon the norms adopted in the meeting held on 03.04.96. In the said norms, Clause 2 states that any punishment ordered within a period of five years as on the crucial date, is to be held against the officer. On that basis, prayed for a direction to include his name for promotion as Deputy Superintendent of Police (Cat-I) from the year 1997-98.

(3.) THE amendment was brought in G.O.Ms.No.368, dated 18.10.93, which specifically answers the prayer of the petitioner. THE extract of the amendment is given as under:-