G.R. BALAJI Vs. THE TRANSPORT COMMISSIONER

JUDGEMENT

(1.) THE petitioner has approached this Court with a prayer for issuance of a writ in the nature of Mandamus, directing the respondent to include the petitioner's name in the panel of Assistants fit for promotion as Superintendents for the year 2010 -2011 by placing him at the appropriate place with due seniority, with a consequent prayer to direct the respondent to promote the petitioner as Superintendent with effect from 25.08.2010, i.e., the date of promotion of his immediate junior. The petitioner was not considered for promotion on the ground that the petitioner had suffered the punishment of reduction in rank, therefore, the petitioner was not fit for promotion.

(2.) THE case of the petitioner, is that the order of punishment was challenged by the petitioner in this Court by way of writ petition. This Court accepted the writ filed by the petitioner and set aside the order of reversion by modifying the punishment to one of stoppage of increment for a period of one year without cumulative effect.

(3.) THE case of the petitioner, therefore, is that in view of the expiry of the period of punishment, the petitioner is entitled to be considered and promoted to the post of Superintendent from the day, his immediate junior was promoted. As the minor punishment cannot come in the way of further promotion in view of the decision of Hon'ble Full Bench in the case of DIG of Police, Thanjavore Versus Rani, (2011) 3 CTC 121.