GOVERNMENT OF TAMIL NADU Vs. S V VENKATAKRISHNAN

JUDGEMENT

(1.) THE first respondent is a 1974 batch IPS officer, who retired as Additional Director General of Police, and questioning his non-promotion to the post of Director General of Police, he initiated the present proceedings before the Central Administrative Tribunal (hereinafter referred to as the 'Tribunal') and since Tribunal has allowed the plea of the applicant/first respondent herein, the State Government/Administration has come forward to file this writ petition.

(2.) FROM the materials placed on record, it is seen that as per the guidelines issued by the Government of India in letter No.45020/11/97-IPS-II, dated 15.1.1999, officers who have put in 30 yeas of service in IPS are eligible for consideration for promotion to the rank of Director General of Police, depending upon the availability of posts and as per the amendment issued in Government of India letter No.45020/11/97-IPS-II, MHA, New Delhi, dated 12.5.2000, promotion to the grade of Director General of Police (above Super time Scale post) may be made at any time during the year of their eligibility. In the teeth of the above position, the first respondent, while serving as the Additional Director General of Police, has submitted various representations, prior to his retirement (on 30.9.2007), to the Administration, seeking promotion to the cadre of Director General of Police. Since no reply emanated from the Administration, he filed O.A.No.747 of 2007 before the Tribunal. The said O.A.was allowed by the Tribunal on 23.7.2008, directing the Administration to consider the representations of the applicant/first respondent dated 25.6.2007, 25.8.2007 and 21.9.2007 and pass orders. Pursuant thereto, the petitioner/State Government has passed the order dated 30.9.2008 rejecting the claim of the applicant/first respondent in the following terms:

(3.) FROM the materials it is seen that on the ground that the applicant, while working as Deputy Inspector General of Police, Madurai Range and as Reviewing Authority, has scrutinized the confidential report of one Mr.P.Sivanandi, the then Deputy Superintendent of Police for the period from 1.4.1993 to 15.7.1993 during which the said officer was on compulsory wait, a charge memo. was issued to the applicant on 26.3.2007. However, the enquiry officer, found the said charge proved, after enquiry and the said findings were also accepted by the State Government.