JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the respondent herein in D.O.No.353/2012 C.No.PR.100/H1(2)/2006 u/r 3(b) dated 13.03.2012 and quash the same and consequently direct the respondent herein to treat the period of out of employment from 26.12.2005 to 03.07.2011 as duty for all purposes in accordance with Fundamental Rule 54(A).)

The order of penalty dated 13.03.2012, imposing the punishment of 'postponement of next increment for a period of 3 years and the period of postponement shall operate to postpone his future increments', is under challenge in the present writ petition.

2. The petitioner joined as Grade-II Police Constable on 09.06.1993. He was promoted to the post of Grade-I Police Constable and thereafter as Head Constable. A charge memo in P.R.100/2006, dated 28.04.2006 was issued to the petitioner under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline & Appeal) Rules, 1955. The charge against the petitioner was that he had absented for duty from 26.12.2005 without leave or permission for more than 21