K KUMARAVEL Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) By way of filing this writ petition, the petitioner seeks to quash the impugned order passed by the first respondent / the Principal Secretary to Government, Home (Police-II) Department, Chennai, in G.O.Ms.No.79, dated 20.01.2017, in and by which, the petitioner was reverted from the post of Deputy Superintendent of Police to the post of Inspector of Police, on the ground of his conviction in a criminal case.

(2.) The case of the petitioner is that he was initially appointed as Sub-Inspector of Police on 28.09.1987 through director recruitment under the second respondent. Thereafter, in the year 1999, he was also promoted to the post of Inspector of Police on 19.09.1999. Again, he was further promoted to the post of Deputy Superintendent of Police Category - I on 09.07.2012. In the meanwhile, while he was working as Inspector of Police, Avanakurichi Police Station, Karur District, one Mr.V.S.Tilagar, who is an advocate, had filed a private complaint under Section 200 of Cr.PC. on the file of the Chief Judicial Magistrate, Karur, in C.C.No.5 of 2004 against the petitioner alleging that he had demanded a sum of Rs.10,000/- from the said V.S.Thilagar. The said complaint was taken on file by the Chief Judicial Magistrate for offences under Sections 323, 341, 506 part(II) and 379 (IPC), whereby he was convicted in C.C.No.5/2004, dated 17.12.2007, under Sections 323 and 341 IPC and sentenced with simple imprisonment for one month and three months respectively. Aggrieved by the same, when an appeal was preferred, the Sessions Court, Karur, vide C.A.No.66 of 2007, dated 20.12.2007, suspended the sentence. Thereafter, the de-facto complainant preferred an appeal before the Madurai Bench of this Court in Crl.Appeal No.43 of 2008 for enhancement of the punishment. Even the writ petitioner had also preferred an appeal in Crl.A.(MD) No.59 of 2014 seeking to set aside the order of conviction and sentence. Pending the appeal, the parties have settled the issue by entering into memo of compromise dated 07.02.2017 and therefore, by recording the said compromise memo, the Hon'ble Madurai Bench of this Court, by common order dated 21.02.2017, disposed of the said appeal filed by the writ petitioner, besides, dismissing the appeal preferred by the de-facto complainant as withdrawn in view of his endorsement to that effect.

(3.) Therefore, now, the only grievance of the petitioner is that pending appeal, the first respondent has reverted the petitioner from the post of Deputy Superintendent of Police to the post of Inspector of Police, which is impugned herein, on the ground of his conviction in a criminal case. Therefore, it is pleaded that since the appeals preferred by the parties have been disposed of by the Madurai Bench of this Court in view of memo of compromise filed by them to settle the issue, the impugned reversion order passed by the first respondent is liable to be set aside.