J.SAMSON Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus to declare the impugned D.O. No.141/2021, Rc.No.77/PR-I/Major/RCK/ 2019, dtd. 25/1/2021 and its consequential Proceedings No.204/ T1/2021, dtd. 26/7/2021 issued by the 2nd respondent communicated by the 1st respondent in D.O. No.1131/2021, Rc.No.77/PR-I/Appeal/Major/RCK/2019, dtd. 17/8/2021 as being illegal, arbitrary, unjust, contrary to law and violative of Articles 14, 16 and 21 of the Constitution of India and consequently to set aside the same and hold that the petitioner is entitled for promotion to the post of Reserve Inspector with effect from the date on which his batch-mates were promoted to the said post with all consequential and attendant benefits.

(2.) It is the case of the petitioner that he was appointed as Reserve Sub Inspector with effect from 16/6/2013 and he was declared as approved probationer from 15/6/2015. It is submitted that based on a complaint lodged by one Smt. K.Preethi on 24/5/2019 before the Malkajgiri Police, the petitioner was placed under suspension by the 1st respondent, Commissioner of Police, vide D.O. No.999 of 2019, Rc.No.171/S/PR-1/RCK/2019, dtd. 25/5/2019 on the ground that being a responsible Police Officer, he had exhibited grave and immoral misconduct and reprehensible conduct with a woman and tried to outrage her modesty on the pretext of giving her coaching for the Police Constable, which is most unbecoming of a Government servant and thereby violated Conduct Rules, 1964. Simultaneously, a criminal case was also registered in Cr.No.357 of 2019 under Sec. 354-D IPC in Malkajgiri PS. Based on the said allegation, the 1st respondent, Commissioner of Police, Rachakonda, placed the petitioner under suspension vide D.O. No.999/2019 dtd. 25/5/2019 and appointed the Deputy Commissioner of Police as Enquiry Officer vide proceedings dtd. 23/12/2019.

(3.) While so, after conducting departmental enquiry, the Enquiry Officer vide letter dtd. 16/9/2020 submitted his report holding that the charge levelled against the petitioner was proved. Based on the said report, the 1st respondent issued impugned D.O.No.141 of 2021, Rc.No.77/PR-I/Major/RCK/2019, dtd. 25/1/2021 awarding the punishment of postponement of increments for three years with effect on his future increments and pension. His suspension period from 25/5/2019 to 30/7/2019 was treated as not on duty. Against the said order, the petitioner preferred an appeal before the 2nd respondent, Director General of Police, and the same was also rejected vide Proceedings No.204/T1/2021, dtd. 26/7/2021 against which, the petitioner stated to have filed revision before the Government on 19/8/2021 and no orders have been passed thereon. Questioning the impugned orders dtd. 25/1/2021 and the consequential order dtd. 26/7/2021, petitioner filed the present writ petition.