R. THIRUMALAI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The present writ petition has been filed challenging para 5 of the promotion order passed by the second respondent in his proceedings dated 28.2.2018 and for consequential directions to extend all the attendant benefits.

(2.) The case of the petitioner is that he joined police service as a Grade-II Police Constable in the year 1996. Thereafter, he participated in the selection to the Post of Sub-Inspector of Police and he was appointed as the Sub-Inspector in the year 1997. Departmental action was initiated against the petitioner during the period 2006-07 based on the enquiry report submitted by the Prevention of Anti Corruption wing. Simultaneously, a criminal case was registered against the petitioner. During the date of preparation of the panel for promotion, since the criminal case and departmental proceedings were pending, the petitioner was not considered for promotion.

(3.) The petitioner was ultimately acquitted from the criminal case by the judgment passed by the Special Judge, Salem dated 20.05.2013, made in CC.No.30/2004. Incidentally, the criminal appeal is pending against the said judgment before this Court.