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S. M. SUBRAMANIAM
R. Subburayalu – Appellant
Versus
Principal Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the order of the first respondent herein passed in G.O.(D) No.59, Home (Police) Department dated 23.01.2014 rejecting the petitioner's request for promotion as Deputy Superintendent of Police (Cat-1) as on 06.07.2012 and quash the same and consequently direct the respondents herein to promote the petitioner as Deputy Superintendent of Police (Cat-1) in Police Note No.9, Home (Pol.2) Department dated 06.07.2012 with effect from the date of promotion of immediate junior i.e. 6.7.2012 with all consequential service and monetary benefits.)
1. The writ on hand has been instituted questioning of the validity of the order passed by the Government in G.O.(D).No.59 by Home (Police-2) Department dated 23.01.2014 rejecting the claim of the writ petitioner for promotion to the post of Deputy Superintendent of Police on par with his juniors.
2. The petitioner was appointed as Sub-Inspector of Police on 25.09.1978 and promoted to the post of Inspector of Police on 28.06.1998. The petitioner states that he is eligible for further promo
Disciplinary record and pending charges can be valid grounds for rejecting a request for promotion.
Exclusion from promotion panel due to a pending criminal case and conviction under the Prevention of Corruption Act.
Acquittal in a criminal case does not preclude disciplinary action. Eligibility for promotion should be considered with reference to service particulars and pending disciplinary proceedings.
An authority exercising reconsideration of punishment must also consider connected claims like retrospective promotion if fresh orders are to be passed.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
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