PERUMALSAMY Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE prayer in this writ petition is seeking for a direction to the respondents to promote the petitioner as the Deputy Superintendent of Police by appointment by transfer from 1997 onwards without prejudice to the charges pending against him.

(2.) THE case of the petitioner is that he was enlisted as Sub Inspector of Police in the year 1973 and became Inspector of Police in the year 1984. According to his seniority, he ought to have been promoted as Deputy Superintendent of Police by appointment by transfer as early as in the year 1997 itself. Three charge memos have been issued to the petitioner in P.R.No.2/1999 and the petitioner had challenged the same before the Tamilnadu Administrative Tribunal and the application was dismissed. Another charge memo for desertion was issued and that also was challenged by the petitioner before the Tribunal. The said application also came to be dismissed. One more charge of punishment of stoppage of increment for three years was awarded. During the course of pendency of those charges, the petitioner's juniors were promoted to the post of Deputy Superintendent of Police. Yet another charge memo was also issued to the petitioner under Rule 3(b) and a punishment of stoppage of increment for two years was ordered. Thus, the petitioner's contention is that pendency of those charges cannot be a bar for considering him for promotion.

(3.) HEARD the learned counsels appearing on either side.