C S SELVARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS is a petition for the issue of a writ of mandamus directing the first respondent to promote the petitioner in the eleventh rank in the list prepared by the third respondent.

(2.) THE petitioner was recruited as Subinspector of Police in November, 1950. He was promoted as Inspector of Police on 30th May, 1968. THE next higher post is the post of Deputy Superintendent of Police. Inspectors of Police are eligible for recruitment by transfer as Deputy Superintendents of police. THE petitioner became eligible for considering his name for appointment as the Deputy Superintendent of Police with reference to his qualifications even as early as 1972. Though there were certain recruitments between 1972 and 1976. the petitioner was not aggrieved, as those who were recruited during that period were all seniors to him. THE method of recruitment by transfer is provided in Police Standin Order 14 (A) As per this Order, the Supertintendents under whom the Inspector of Police arc working will have to send a list of names of Inspectors eligible for recruitment by transfer with their recommendations to a committee called the Range Promotion Board, consisting of the Deputy Inspector-General of Police and two Superintendents of Police of the range. THE Range Promotion Board will consider the names of the Inspectors with reference to their personal files, confidential sheets, and the list of rewards and defaults and send their recommendation to the State Promotion Board, which consists of all the Deputy Inspectors General of Police and the Commissioner of police, Madras, as members and the Assistant Inspector-General of Police as the secretary. THE State Promotion Board, after examining the records of all eligible Inspectors, and after interviewing such number among them, as may be indicated by the Inspector-General of Police, will submit its recommendation to the Inspector-General of Police indicating the order of preference in which the names recommended have been arranged. After examining the recommendations of the State Promotion Board, the Inspector-General of Police will send his recommendation to the Tamil Nadu Public Service Commission. When the recommendations of the Tamil Nadu Public Service Commission are received by the government, the ultimate order of appointment is made by the Government.

(3.) I have set out the record in detail in order to show that none of the facts mentioned in any of the records can be considered as adverse so as to make it a "mixed record" along with good reports. The reprimand and censure which I have referred to related to neglect of duty, if at all and that was in the year 1970, and the later report showed that he had shown remarkable improvement in his work. One will have to keep in mind that the petitioner was promoted as Inspector only in 1968, and if there was some neglect in the beginning, it cannot be considered as so grave a circumstance which will have to be put against a promotion after a long number of years. Even the neglect of duty mentioned there seems to be of a very trivial nature and they are in the nature of default not affecting his character, reputation or conduct.