DEPUTY INSPECTOR GENERAL OF POLICE Vs. DURAIRAJ

JUDGEMENT

(1.) This writ appeal is filed against the order made in W.P. No. 23027 of 2008, dated 29.4.2011, wherein the respondent has challenged the order passed by the 3rd appellant dated 14.5.2002 and confirmed by the 1st appellant by order dated 04.2.2003 imposing punishment of stoppage of increment for two years and direct the appellants to disburse the arrears of increment stopped pursuant to the punishment order dated 14.5.2002 as confirmed and place the respondent on promotion as Head Constable from 19.10.2000.

(2.) The case of the respondent before the learned Single Judge was that he joined the service of the Police Department on 20.7.1973 as Grade-II Police Constable and was promoted as Grade-I Police Constable during the year 1994-1995 and his next level of promotion as Head Constable was due on 19.10.2000. The said promotion was withheld by the appellants stating that the respondent was on leave on the date of promotion. The grievance of the respondent was that no notice was issued to him for withholding the promotion. On 01.3.2002, the respondent was served with show cause notice by the 3rd appellant and there was no reasoning in the said order awarding punishment. The respondent submitted a representation to the 1st appellant to reconsider the punishment by way of an appeal and the same was rejected by the 1st respondent on 04.2.2003. On 25.2.2005, the respondent was given promotion as Head Constable. Hence, the respondent has filed the writ petition with the above said prayer.

(3.) The learned single Judge allowed the writ petition holding that the punishing authority proceeded to impose the punishment only on the ground that the respondent did not furnish his explanation. Aggrieved over the said finding, the appellants have filed this writ appeal.