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2009 Supreme(Mad) 1398

VASANTHAKUMAR, N.PAUL VASANTHAKUMAR
M. Nagoor Mohideen – Appellant
Versus
The Secretary to Government of Tamil Nadu, Home Department & Another – Respondent


Advocates Appeared:
For the Petitioner:K. Srinivasan, Advocate.
For the Respondents: P. Subramanian, Additional Government Pleader.

Judgment

1. The prayer in the Writ Petition is to quash the order dated 6. 1999 declining the request of the petitioner seeking promotion as Additional Superintendent of Police (Category-I) on the ground that the petitioner has retired from service on 30.4.1998 on attaining the age of superannuation.

2. The case of the petitioner is that, a charge memo was issued against the petitioner on 27. 1997 under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules on certain allegation said to have taken place in the year 1994. When the regular panel for Deputy Superintendent of Police fit for appointment to the post of Additional Superintendent of Police (Category.1) was drawn, since the charge was pending against the petitioner, the petitioners name was deferred till the proceedings are concluded. The Government through letter dated 111. 1997 stated that after completion of the disciplinary proceedings, the petitioners name will be considered for inclusion in the said panel depending on the result of the disciplinary proceedings. The Enquiry Officer found that the charges framed against the petitioner were not proved. The Government through G.O.Ms. No.502 Home Departmen












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