DEPUTY INSPECTOR GENERAL OF POLICE Vs. V RANI

JUDGEMENT

(1.) THE reference made in the batch of cases to the Full Bench relates to the issue, as to whether the currency of punishment has to be treated as a bar for promotion during the period, as it was held otherwise by the Division Bench of this Court in Subramanian v. Government of Tamil Nadu rep. by its Secretary, Chennai and others [2008 (5) MLJ 350].

(2.) IN the above cited case, the delinquent was imposed with punishment of stoppage of increments for two years without cumulative effect as a minor punishment under rule 8 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The delinquent, who was working as an Assistant Executive Engineer was served with a charge memo issued under rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and after enquiry, he was imposed with the punishment of stoppage of increments for two years without cumulative effect. A Panel for promotion to the post of Executive Engineer was notified by the Government in G.O.Ms. No.36 Public Works (A1) Department dated 31.01.1997, in which the said delinquent's name did not find a place and therefore, he approached the Tamil Nadu State Administrative Tribunal by filing O.A.No.1647 of 2002 for including his name in the promotion list of Executive Engineers.

(3.) THE Government through the Governor of the State has also framed the Tamil Nadu State and Subordinate Service Rules as per the powers conferred under proviso to Article 309 of the Constitution of India, as general rules made applicable to all State and subordinate servants and to the holders of posts whether temporary or permanent. Rule 36 explains about the promotion, while making it clear that no member of a service is eligible for promotion from the category in which he is appointed to the service unless he satisfactorily completes the probation. However, in rule 36(b) in addition to what is stated in rule 36(a) which relates to successful completion of probation, there are two classes of promotion mentioned therein viz., promotion to selection category or grade and promotion according to seniority. For the purpose of appreciation of the above said fact, it is relevant to extract rule 36(b) as follows: