P UTHIRAPATHI Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The relief sought for in this writ petition is to call for the records pertaining to the order passed by the respondent in RC.No.184098/NGB I (2)/2006 dated 24.06.2008 and quash the same and direct the respondent include the petitioner's name in the 'C' list for Sub-Inspector of Police fit for promotion as Inspector of Police for the year 1997-98.

(2.) The learned counsel appearing on behalf of the petitioner made a submission that the petitioner was appointed as 'Grade II Police Constable' in the year 15.09.1969 and promoted as 'Sub-Inspector of Police' on 20.01986. However, his name was rejected for promotion as 'Inspector of Police' in the year 1997-98 panel, since in the year 1993, while he was in service, a charge memo was issued by the Deputy Inspector General of Police, in P.R.A1/5/3b/93 dated 17.05.1993, under 3(b) of the Tamil Nadu Police Service Standing (D & A) Rules, 1955 and received on 13.08.1993 and prior to the issuance of charge memo the petitioner was placed under suspension from 27.11.1992 to 07.03.1993. A departmental enquiry was conducted by the Deputy Superintendent of Police, Tindivanam in the year 1998, who found two counts of charge as proved in his enquiry report dated 14.11.1999 in P.R.No.30 of 1997. Based on the enquiry report the Inspector General of Police, Armed Police, Chennai in-charge of Villupuram Range, Villupuram awarded punishment of removal from services by order dated 04.01.2000. Against which, the petitioner has preferred an appeal and the same was rejected on 18.03.2000 and thereafter, the petitioner has filed an Original Application before the Tamil Nadu Administrative Tribunal, in O.A.No.972 of 2000. The Tribunal set aside the order of punishment by order dated 13.02000 and directed the respondent to reinstate the petitioner with all monetary and other benefits. The respondent has implemented the said order and the petitioner was also reinstated in service as per C.No.AP1(2)/62523/02, of the Office of the Director General of Police, dated 03.09.2002 and subsequently monetary benefits were also granted.

(3.) The learned counsel for the petitioner would further submits that the petitioner was also awarded the punishment of 'Censure' in PR.No.29/98 on 15.07.1998 for one year. Criminal proceedings were also initiated against the petitioner in Crime No.144 of 1998 and he was placed under suspension from 25.01.1999. The petitioner was acquitted on 28.01.2004. A parallel departmental proceedings in PR.No.68 of 1999, came to be initiated against the petitioner and he was awarded the punishment of 'Reduction in time scale of pay for a period of one year without cumulative effect' on 06.04.2005. On 30.06.2005, the petitioner attained the age of superannuation and retired from service. Thereafter, the departmental proceedings was set aside by the Director General of Police by an order dated 07.02007, on the basis of order dated 30.06.2005, the petitioner preferred a writ petition in W.P.No.29418 of 2006.