The main legal point established in the judgment is that a government servant, whose punishment is set aside or action is dropped before the consideration of the promotion panel, is entitled to be considered for promotion.

The petitioner has sought for a writ of mandamus, directing the Secretary to Government of Tamil Nadu, Home Department, Madras, respondent herein, to include his name in the ‘C’ list of Inspectors of Police fit for promotion to the post of Deputy Superintendent of Police, Category I, for the year 1994-95 with all consequential service and monetary benefits and for further orders.

2. Facts of this case are as follows:

The petitioner entered Police Department as Sub Inspector of Police in the year 1966, as a directly recruited candidate and thereafter, was promoted as Inspector of Police on 25. 1980. He had a unblemished record of service and earned 250 rewards with 11 Meritorious certificates to his credit. Besides, he was also awarded Chief Minister’s Medal for his outstanding service in the year 1995. During 1994, when the petitioner was working as Inspector of Police, Thanjavur West Police Station, he was dealt with a charge in P.R.No.220 of 1993 under Rule 3(a) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, for gross neglect of duty in having failed to check up the weapons in the Police Station. Though the petitioner submitted a valid explanation that he had checked up the weapons available in the Police Station, he was awarded a punishment of postponement of increment for a period of one year with cumulative effect, by the Superintendent of Police, Thanjavur vide proceedings, dated 16. 1994. On appeal, the DIG of police, by order dated 112. 1994, modified the punishment as “deferred censure” for a period of three months. Subsequently, by letter dated 5. 1995, the Superintendent of Police, Thanjavur, cancelled the punishment of “Deferred censure”.

3. The petitioner has further submitted that as per the service rules, June 1 of every year is the crucial date for empanelling eligible candidates for promotion to the post of Deputy Superintendent of Police. It is the case of the petitioner that the date on which, the panel of ‘C’ list of Inspector of Police fit for promotion to the post of Deputy Superintendent of Police, Category I, for the year 1994-95 was published, there was no currency of punishment against him and therefore, the State Promotion Board ought to have considered his case for inclusion in the ‘C’ list for the year 1994-95. He further submitted that the disciplinary proceeding under Rule 3(a) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, for a minor charge ought not to have been put against him for inclusion in the panel. Aggrieved by the non-inclusion, the petitioner submitted a representation, dated 7. 1996 to the government and the same was not considered. In these circumstances, the petitioner has preferred Original Application before the Tamil Nadu Administrative Tribunal, which has been subsequently transferred to this Court and renumbered as writ petition.

.4. At the foremost, Mr. K. Venkataramani, learned senior counsel appearing for the petitioner submitted that two dates are very relevant for the purpose of deciding the rights of the petitioner for promotion to higher post. The first being the date on which, a list of eligible candidates is prepared for empanelment, i.e., the crucial date under the relevant service rules for collecting the particulars of eligible candidates for preparation of a list of Inspectors of Police fit for promotion to the post of Deputy Superintendent of Police.

5. According to him, the date of issuing or publishing the panel of eligible candidates, is equally relevant for the purpose of assessment of merit of the concerned officer for promotion. To illustrate, if a government servant facing disciplinary proceedings or undergoing currency of punishment on the crucial date, fixed under the service rules, later on, is exonerated of the charges or if the penalty suffered by him on the crucial date is cancelled or set aside before the publication or issuance of the panel for promotion to higher post, then th