V RAJAKUMARAN Vs. JOINT COMMISSIONER OF POLICE

JUDGEMENT

(1.) The Petitioner has filed the instant writ of Mandamus praying for issuance of an order by this Court in directing the Respondent to consider his case for upgradation as Grade I Police Constable with effect from 24.05.2009 viz., from the date of promotion of his immediate juniors with all consequential service and monetary benefits.

(2.) According to the Petitioner, he joined the police services as Grade II Police Constable in the Tamil Nadu Special Police on 24.05.1999 and he was transferred to Armed Reserve and thereafter to Local Police. He maintained a clear record of service till the year 2004 and on 21.04.2005, he was subject to one minor punishment of reduction of pay by one stage for one year without cumulative effect.

(3.) The Petitioner while serving as driver in Armed Reserve, Motor Transport Wing on 28.03.2005 at 10.00 a.m., drove the Toyota Qualis vehicle which met with an accident with Fiat Petra car on the National Highway. There was no injury to anyone except damage being caused to the vehicle. He was issued with a charge memo in P.R.108/05 dated 21.04.2005 under rule 3(b) of the Tamil Nadu Police Subordinate Service (D&A) Rules by the Superintendent of Police, Vellore, District for negligent driving on the National Highway and causing damage to the Police Vehicle. No criminal case was registered against him.