M SUNDARSINGH Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner filed O.A.No.6287 of 2000 before the Tamil Nadu Administrative Tribunal, seeking to set aside the order dated 12.05.2000 and after setting aside the same sought for promotion to the post of Sub-Inspector of Police (Armed Reserve) for the year 1999-2000 from the date of promotion given to his immediate juniors viz., 30.07.2000 with all consequential benefits.

(2.) THE Tribunal admitted the Original Application on 28.08.2000. On notice from the Tribunal, the respondents have filed a reply affidavit dated 07.11.2000.

(3.) IT is the case of the petitioner that the stand of the respondents is contrary to the Memorandum of the Director General of Police dated 12.05.2000. If the stand of the respondents that 5 year check period was taken into account, then for the punishment dated 12.04.1999, the petitioner should not have been allowed to participate in the test till 12.04.2004 and hence, the reply was filed without application of mind. In the normal circumstances, the punishment cannot have effect more than one year period and hence with effect from 11.04.2000, the punishment cannot be put against the petitioner. Atleast the petitioner should be included on a notional basis for the post of Sub Inspector from the year 1999-2000 as he had already been selected as Sub Inspector (AR) in the year 2002.