M ANTHONYSWAMY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner prays for issuance of a writ in the nature of mandamus, directing the respondents to consider the case of the petitioner for upgradation as Head Constable, without reference to the punishment suffered in PR No.191/96 dt 19.3.99 with all consequential service and monetary benefits. 2 THE petitioner was appointed as Constable in the District Armed Reserve, Thanjavur on 15.03.1977 and transferred to Taluk Police in the year 1982. THE petitioner was promoted as Grade I PC in the year 1994. 3 THE submission of the petitioner is that vide order dated 13.10.1999, 137 grade I Police Constables serving in Thanjavur District were upgraded as Head Constables, but name of the petitioner was not included in the said list. THE reason for not upgrading the petitioner was that the petitioner was imposed a major punishment of stoppage of increment of pay reduction by in two stages for two years with cumulative effect. 4 THE petitioner prays for issuance of a writ in the nature of mandamus, directing the respondents to ignore the punishment of stoppage of increment, for the purpose of upgradation of the petitioner to post of Head Constable. THE prayer made on the face of it is not sustainable in law, as the only ground is that the punishment with regard to occurrence preceding five years was required to be ignored. 5 THE guidelines on which reliance is placed do not apply to the case of the petitioner, as the petitioner suffered punishment at the time of promotion of 137 Police Constables Grade I in Thanjavur District. THE petitioner was not promoted because of major punishment awarded to him. No directions can be issued to competent authority to ignore the punishment at the time of promotion. 6 Consequently, there is no merit in the writ petition, dismissed. No costs.