High Court of Judicature at Madras
R. SUBBIAH, J.
P. Selvaraju
Versus
The Director General of Police Chennai
W.P. Nos. 25485 & 27186 of 2013 & M.P. Nos. 1, 1, 2 & 2 of 2013
Decided on: 03-01-2014
Writ Petition - Promotion Dispute - Tamil Nadu Police Subordinate Services (Disciplinary and Appeal) Rules - Rule 15-A(1) - The court quashed the impugned orders and directed the respondent to promote the petitioner as Inspector of Police by including his name in 'C' list of Sub-Inspectors of Police (Taluk), fit for promotion as Inspector of Police for the panel years 2011-12, and grant him all consequential service and monetary benefits
Fact of the Case:
The petitioner sought promotion to the post of Inspector of Police based on his inclusion in the 'C' list of Sub-Inspectors of Police (Taluk) for the panel year 2011-12. However, he was reverted to the post of Sub-Inspector of Police after facing a charge memo. The petitioner challenged the cancellation of his inclusion in the 'C' list and subsequent actions.
Finding of the Court:
The court found that the respondent's review of the petitioner's exoneration order was beyond the six-month limitation period as prescribed in the Service Rules. Additionally, the second review by the respondent was deemed impermissible under the Service Law and Service Rules.
Issues: The issues revolved around the respondent's actions in reviewing the petitioner's exoneration order and the permissibility of a second review under the Service Law and Service Rules.
Ratio Decidendi: The court relied on Rule 15-A(1) of the Tamil Nadu Police Subordinate Services (Disciplinary and Appeal) Rules, which stipulates a six-month limitation for reviewing orders. It also referenced previous judgments to support the conclusion that a second review by the respondent was not permissible under the Service Law and Service Rules.
Final Decision: The court quashed the impugned orders and directed the respondent to promote the petitioner as Inspector of Police by including his name in 'C' list of Sub-Inspectors of Police (Taluk), fit for promotion as Inspector of Police for the panel years 2011-12, and grant him all consequential service and monetary benefits.
1. Writ Petition No.25485 of 2013 has been filed praying for issuance of a writ of certiorarified mandamus calling for the records of the respondent in connection with the impugned order passed in RC.No.150413/NGBI(1)/2012, dated 15.12.2012, and to quash the same and further to direct the respondent to promote the petitioner as Inspector of Police in pursuance of inclusion of his name in the temporary C list of Sub-Inspectors of Police (Taluk) fit for promotion as Inspector of Police (Taluk) for the panel year 2011-12 as per the order issued by the respondent in C.No.666/NGBV(1)/P/25/C list/2011/12/3 dated 04.08.2012 and grant him all consequential service and monetary benefits.
2. Writ Petition No.27186 of 2013 has been filed prayer for issuance of a writ of certorari to call for the records of the respondent in connection with the impugned order passed in RC.No.56567/Con 1(2)/2011, dated 09.09.2013 and quash the same.
3. The petitioner entered the services as a directly recruited Gr-II Police Constable and joined the service on 31.05.1986. After serving for number of years, the petitioner participated in the selection process for appointment to the post of Sub-Inspector of Police by direct recruitment as a 20% departmental candidate and he came out successfully and he was appointed to the post of Sub-Inspector of Police on 22.05.2000. The petitioner has attained sufficient seniority and merit for consideration of his claim for promotion to the post of Inspector of Police by including his name in the 'C' list of Sub-Inspector of Police (Taluk), fit for promotion as Inspector of Police (Taluk) for the year 2011-12. The crucial date for the preparation of the panel was 01.06.2011 and on that date, the petitioner was not facing any charge memo proceedings. The respondent published 'C' list vide RC.No.666/NGBV(1)/C/25/CP/2012/3, dated 04.08.2012, consisting of as many as 88 Sub-Inspectors of Police, who were found fit for promotion as Inspector of Police and in the said list the name of the petitioner was mentioned at Sl.No.8. Following the same, the petitioner was ordered to be promoted and he was allotted to North Zone. The Inspector General of Police, North Zone, in his proceedings dated 07.08.2012 allotted the petitioner to Villupuram Range in the existing vacancy and the petitioner was relieved from the post on 13.02.2012 AN from Villupuram District. He reported for duty in the Zonal Office on 17.08.2012 for further posting. The petitioner was relieved on 17.08.2012 AN with instructions to report before the DIG of Police, Villupuram range immediately for further posting. But, the petitioner was kept in the vacancy reserve, though promoted.
4. While so, the petitioner was issued with a show cause notice dated 03.09.2012 stating that the petitioner was facing a charge memo under Rule 3(b) of TNPSS (D&A) Rules in PR.No.03/VPC/2011, dated 05.08.2011, and he was asked to submit a reply as to why his name, which has been included in the temporary 'C' list of Inspector of Police for the panel year 2011-12, should not be removed and treated as cancelled. Hence, the petitioner had filed a writ petition in W.P.No.34293/2012 before this Court challenging the said show cause notice, but subsequently, on advice, he withdrew the said writ petition and submitted a reply to the show cause notice on 24.09.2012. But, the respondent by his proceedings dated 15.12.2012 cancelled the inclusion of the name of the petitioner in the temporary 'C' list of Sub-Inspectors, fit for promotion as Inspectors of Police for the panel year 2011-12 as published on 04.08.2012. Pursuant to the same, the Deputy Inspector General of Police, Villupuram Range, Villupuram, vide his proceedings RO.No.380/2012 dated 22.12.2012 reverted the petitioner, who was promoted as Inspector of Police, to the post of Sub-Inspector of Police. The Superintendent of Police, Villupuram District, Villupuram, in his proceedings dated 23.01.2013 issued further order and posted
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