J.JAYARAJ Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Challenging the order dated 29.9.2011 passed by the 2nd respondent ordering cancellation of upgradation as Special Sub Inspector of Police, the petitioner has filed this writ petition with a consequential prayer to promote him as Special Sub Inspector of Police with effect from 1.4.2011 with all consequential service and monetary benefits.

(2.) Learned counsel for the petitioner would submit that the petitioner joined the police service as Grade II Police Constable on 1.4.1986 and he was promoted as Grade-I Police Constable on 22. 07. 1997 and later his seniority in the post of Grade-I Police Constable was restored with effect from 1.4.1996. While so, for the charge of absence without permission, the petitioner was awarded with punishment of reduction in time scale of pay by two stages for two years without cumulative effect in P. R. No. 19/97 dated 25. 02. 1999 which was given effect to from 1.3.1999 to 28.2.2001. Thereafter, the petitioner was given upgradation as Head Constable from 1.4.2002. It is further submitted that while his juniors who were appointed in 1986, were granted upgradation as Head Constable on 1.4.2001, he was given upgradation as Head Constable only from 1.4.2002. According to the petitioner, from 1.3.2001, there was no currency of punishment in P. R. No. 19/96 and as per G. O. Ms. No. 15, Home (Pol. V) Department, dated 7.1.2010, on completion of 10 years of service in the post of Grade-II P. C, a person shall be upgraded as Grade-I P. C and on completion of 5 years in the post of Grade-I P. C, a person shall be upgraded as Head Constable and on completion of 10 years in the post of Head Constable, a person shall be upgraded as Special Sub Inspector of Police.

(3.) Learned counsel for the petitioner would further submit that again, in P. R. No. 09/2009 dated 14. 07. 2009, the petitioner was imposed with another punishment of postponement of increment for two years with cumulative effect by the Superintendent of Police, Thanjavur District, which was modified to that of punishment of black mark on 21.3.2011 by the Director General of Police on the mercy petition filed by the petitioner. In view of the modification of punishment, the petitioner was given revised upgradation as Head Constable with effect from 01. 04. 2001 on par with his batch-mates. Thereafter, on 11.18.2011, the petitioner was further promoted as Special Sub Inspector of Police with effect from 1.4.2011. While so, the present impugned order dated 29.9.2011 has been passed by the 2nd respondent cancelling the upgradation of the petitioner as Special Sub Inspector of Police on the ground that his upgradation as Head Constable was revised as 1.4.2002 instead of 1.4.2001. The petitioner is challenging the said order stating that order of cancellation of upgradation was passed without any notice to him thereby the principles of natural justice is violated.