SECRETARY TO GOVERNMENT, HOME DEPARTMENT AND THE DIRECTOR GENERAL OF POLICE Vs. R ALFERED WILSON AND THE REGISTRAR, TAMIL NADU ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The Secretary to Government, Home Department, Fort St.George, Chennai-9 and the Director General of Police, Chennai-4, are the petitioners herein. The challenge in the Writ Petition is to the orders of the Tamil Nadu Administrative Tribunal, dated 9.10.2001 and 2.11.2001 in O.A. No. 3783 of 2001.

(2.) Brief facts which are required to be stated are that the first respondent herein who was working as Sub-Inspector of Police, was due for promotion to the post of Inspector of Police in the panel year 1999-2000. The crucial date of the panel was 1.6.1999. The panel was prepared on 12.8.1999, in which the first respondent's name was included. However, on 12.3.2000, he was placed under suspension for his failure to register a criminal case. On 15.3.2000, the charge memo was issued under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules. Therefore, his promotion was with-held for the year 1999-2000. The suspension was revoked and he was reinstated on 20.5.2000. Ultimately, the disciplinary action ended in the punishment of increment cut for a period of one year with cumulative effect, by order dated 30.9.2000. The first respondent preferred an appeal and the appellate authority, namely the Deputy Inspector General of Police, modified the punishment of increment cut as one without cumulative effect, by his order dated 12.12.2000. On a further review to the Director General of Police, the punishment was further modified as one of censure instead of increment cut, by order dated 31.3.2001. The cumulative effect of the above referred to three orders was that there was a punishment of censure as on 30.9.2000. The petitioner was due for promotion for the post of the Inspector of Police in the year 1999-2000 as well as in the year 2000-2001.

(3.) It is in the above stated background, the first respondent moved the Tamil Nadu Administrative Tribunal, by filing O.A. No. 3783 of 2001, for a direction to the petitioners herein to promote the first respondent herein as Inspector of Police in pursuance of the inclusion of his name in the 'C' list of Sub-Inspectors of Police fit for promotion as Inspectors of Police for the year 1999-2000, published by the second petitioner in RC. No. 129130/NGB/I/1/99, dated 12.8.1999 without reference to the punishment of censure in P.R. No. 90/2000, dated 31.3.2001, and grant him all consequential service and monetary benefits.