JUDGMENT :

J. Sathya Narayana Prasad, J.

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order of the learned Judge passed in W.P.No.4373 of 2009 dated 18.08.2011.

1. The Writ Appeal in W.A.No.2913 of 2012 is directed against the order passed by the learned Single Judge in W.P.No.4373 of 2009 dated 18.08.2011, dismissing the writ petition.

2. Heard the learned counsel on both sides and perused the materials placed before us.

3. The facts of the case in a nutshell are as follows:

The appellant was initially appointed as Junior Assistant in the office of the Commissioner of Police through Tamil Nadu Public Service Commission on 14.07.1976. Thereafter, he was promoted as Assistant on 07.12.1983 and Superintendent on 28.12.1996. When he was working as Superintendent in the office of Crime Branch Criminal Investigation Department (CBCID), Chennai, he was suspended from service on 08.02.1999, for the pending criminal charges. While he was under suspension, on 16.06.1999, the Commandant, Tamil Nadu Special Police VIII Battalion issued a Show Cause Notice in P.R 19/99 for the charges under Rule 17(a) of Tamil Nadu Civil Service (Discipline & Appeal) Rules, 1955, for the delinquencies during the period from 09.05.1997 to 31.10.1997. The appellant did not give any reply to the aforesaid Show Cause Notice, and the Commandant, Tamil Nadu Special Police VIII Battalion, vide proceedings in F.PR 19/99 dated 05.12.1999, imposed a punishment of postponement of increment for a period of three years without cumulative effect on the appellant. However, the appellant did not prefer any appeal against the said proceedings.

4. In the meantime, the Criminal Court, vide order dated 28.06.2002, convicted the appellant for the offence under Section 342 & 354 of IPC, on the basis of which the Deputy Inspector General of Police, CBCID, Chennai~600 002 vide proceedings in K1/CB/2352/99 (DO 665/2002) dated 03.12.2002, dismissed the appellant from service. Challenging the order dated 28.06.2002 passed by the Criminal Court, the appellant preferred a Criminal Appeal No.1056 of 2002 before this Court and the same was allowed on 24.08.2006. As against the judgment dated 24.08.2006 passed by this Court in Crl.A.No.1056 of 2002, the respondents filed a Special Leave Petition (SLP) before the Honourable Supreme Court in Criminal Miscellaneous Petition No.5997 of 2007, however the same came to be dismissed on 15.05.2007. On 24.07.2007, the appellant gave a representation to the second respondent for reinstating him into service with all consequential service benefits. Since no order was passed, the appellant filed a writ petition in W.P.No.30106 of 2007 before this Court praying to quash the dismissal order dated 03.12.2002 and to direct the third respondent therein to reinstate him into service with all service benefits including monetary benefits. The said writ petition was disposed of by this Court, vide order dated 06.10.2007. The operative portion of the order passed by this Court in W.P.No.30106 of 2007 reads as follows:

3. Considering the facts and circumstances of the case, it would be just and reasonable to direct the second respondent to consider the grievance of the petitioner, as put forth by him, in his representation dated 24.07.2007 and 28.08.2007 on merits and in accordance with law, taking into account that the petitioner was acquitted from the charges that have been levelled against him in Crl.A.No.1056 of 2002.

4. With the above direction, this writ petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.”

5. Pursuant to the aforesaid order passed by this Court in W.P.No.30106 of 2007, the second respondent herein vide order dated 07.11.2007, directed the Deputy Inspector General of Police, CBCID, Chennai to reinstate the appellant into service with all service benefits as per law. Consequently, the Additional Director General of Police, CBCID, Chennai vide order dated 27.11.2007,