A ANNADURAI Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) WRIT Petition came to be numbered under Article 226 of Constitution of India by way of transfer of O.A.No,4359 of 1999 from the Tamil Nadu Administrative Tribunal praying for a writ of Mandamus, to direct the respondents consider the claim of the applicant for inclusion of his name in the C list of head constables fit for promotion as Sub-inspector of police without undergoing the test and grant him all consequential service and monetary benefits and also such other reliefs). At the time of filing of the Original Application before the Tribunal, the petitioner was aged 48 years and was serving as Head Constable, Traffic Investigation Wing, Salem City, Salem.

(2.) IT is the case of the petitioner that he entered Police Department as Grade-II Police Constable, in Salem Armed Reserve on 14.12.73. Gradually, he was promoted to the post of Head constable on 5.2.93. He had received 146 rewards and did not come to any adverse notice till the date of filing of the Original Application before the Tamilnadu Administrative Tribunal, Chennai.

(3.) IN support of the relief sought for in the Writ Petition, Mr.K.Venkatramani, Learned Senior Counsel appearing for the petitioner submitted that no prohibition has been imposed in the memorandum of the Director General of Police, Chennai, dated 29.9.98, restricting the rights of the Head Constables who were facing disciplinary proceedings from participating in the Range Promotion Board. IN the absence of any restriction, the Salem Range promotion Board ought to have allowed the petitioner, to participate in the Range Promotion Board, as was done in the case of the other two Police Head Constables in Vellore Range. He further submitted that failure to apply the same yardstick amounts to violation of Article 14 of the Constitution of INdia. It is his further contention that if the petitioner had been allowed to participate in the Range Promotion Board, he would have come out successful in the selection and promoted as Sub INspector of Police in the year 1998 itself.