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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Subbiah, J.
C. Pichandi – Petitioner
Versus
Niranjan Mardi, IAS., The Secretary to Government, Home (Police-II) Department, Chennai & Another – Respondents
Contempt Petition No. 1088 of 2018
Decided On : 12-03-2021
Contempt of Courts Act, 1971 – Section 11 – Contempt Case – Order of Promotion – Contempt Petition is filed alleging non-compliance of the order passed by this Court in W.P. – Court, by the said order, observed as follows : “5. In the result, the impugned order of the second respondent is set aside and the writ petition is allowed. The respondents are directed to consider the claim of the petitioner for promotion as Assistant Commandant, Category-III by taking into consideration the educational qualification of a pass in SSLC and promote him as Assistant Commandant for ‘C’ List of the year 2012-2013 and grant him all consequential service and monetary benefits. The said exercise has to be carried out within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.” – Third respondent herein has filed counter affidavit – When the Contempt Petition is taken up for consideration, the learned counsel for the petitioner made his submission that, this Court, in W.P., by order, had specifically directed the respondents to consider the claim of the petitioner for promotion as Assistant Commandant, Category III, by taking into consideration the educational qualification of a pass in SSLC and promote him as Assistant Commandant for ‘C’ List of the year 2012-2013 and grant him all consequential service and monetary benefits, within a period of eight weeks from the date of receipt of- a copy of the order. – It is further stated by the learned counsel for the petitioner that the petitioner was promoted only in the year 2018.
Findings of Court: On a perusal of the above extracted contents of the counter affidavit of the third respondent, it is seen that when the promotion panel was not drawn from 2012-2013 to 2016-2017, the question of promoting the petitioner does not arise. – Therefore, when the next promotion panel was drawn in 2018, he was rightly promoted. Under such circumstances, absolutely, Court do not find any contempt on the part of the respondents. – In fact, the petitioner has also filed detailed reply affidavit in that regard. – Court does not find any contempt made out in this case.
Result: Contempt Petition Closed
JUDGMENT :
(Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 against the order dated 05.02.2014 passed in W.P.No.2303 of 2014 on the file of this Court.)
1. This Contempt Petition is filed alleging non-compliance of the order dated 05.02.2014 passed by this Court in W.P.No.2303 of 2014.
2. This Court, by the said order dated 05.02.2014, observed as follows:
3. The third respondent herein has filed counter affidavit stating as follows:
“The respondents are directed to consider the claim of the petitioner for promotion as Assistant Commandant (Category III) by taking into consideration the education qualification of a pass in SSLC and promote him as Assistant Commandant for ‘C’ list for the year 2012-2013 and grant his all consequential service and monetary benefits.”
3. I submit that aggrieved over the above orders of this Hon’ble High Court, Writ Appeal No.52 of 2015 had been filed before this Hon’ble High Court of Madras. The Hon’ble Division Bench of the Madras High Court in its order dated 21.09.2017 dismissed the Writ Appeal and upheld the orders passed by the Hon’ble Single Judge.
4. I submit that Special Leave Petition was filed before the Hon’ble Supreme Court of India against Writ Appeal No.52 of 2015. The Hon’ble Supreme Court has dismissed the SLP in Diary No.24531/2018 dated 03.08.2018. Hence, a Review Petition (C).No.3104 of 2018 was also filed before the Hon’ble Supreme Court of India and the same has also been dismissed by the Hon’ble Supreme Court of India on 03.10.2018.
5. Hence, in compliance to the orders of this Hon’ble High Court dated 05.02.2014 in Government in G.O.(Ms).No.188, Home (Police.1) Department, dated 03.04.2019 has included the name of the petitioner in the temporary panel of Inspector-Adjutant/Inspectors in General Category (Regular Line) fit for appointment by recruitment by transfer as Assistant Commandant (Category-3) for the year 2017-2018 at Sl.No.1, above the name of his immediate junior Thiru.R.Venkatachalam. This Government Order has been served on the petitioner on 03.04.2019.
6. I submit that in another issue in M.P.No.1 of 2013 in Writ Petition No.30956 of 2013 filed by one Thiru.M.Arumugam and 3 other, this Hon’ble High Court in interim order dated 14.11.2013 has given the directions as below :
“... Respondents are directed to follow the rule 24(f) of the Tamil Nadu Special Police Subordinate Service Rules, 1978 while giving promotion to the post of Inspector of Police and Assistant Commandant. Without following Rule, there cannot be any promotion until further orders.”
Besides, in the Contempt Petition No.3014 of 2014 in M.P.No.1 of 2013 in Writ Petition No.30956 of 2013, this Hon’ble High Court of Madras in its order dated 19.11.2014 had directed the respondents not to pass any order with regard to promotion to any of the candidates. This Hon’ble Court in Writ Petition No.30956 of 201 in order dated 21.01.2016 has ordered that the panel for further promotion to the post of Inspector or Assistant Commandant from the post of Sub-Inspector or Inspector respectively in Tamil Nadu Special Police Subordinate Service by taking note of the date of initial appo
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