Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
A. Karunanithi – Appellant
Versus
Director General of Police – Respondent
| Table of Content |
|---|
| 1. petitioners challenge selection process due to irregularities. (Para 2 , 8 , 10 , 11) |
| 2. eligibility for promotion based on merits and irregularities in selection. (Para 3 , 4 , 5 , 6) |
| 3. judgments on timeliness and legality of claims detrimental to petitioners. (Para 18 , 19) |
| 4. delay and laches affect the right to challenge promotions. (Para 20 , 21 , 22) |
| 5. writ petition dismissed due to lack of merit and delay. (Para 25) |
ORDER :
T. Vinod Kumar, J.
Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents 1 to 4 and the learned counsel for the 5th respondent and perused the record.
2. The petitioners by the present writ petition have assailed the indifference approach of the respondents No.2 to 4 in the matter of selection to the post of Sub-Inspector of Police in the year 2004, despite admitting to in unequivocal terms the irregularities committed in the selection of the 5th respondent to the aforesaid vacancy and refusing to cancel the selection of the 5th respondent or to order fresh selection and instead, justifying the selection of the 5th respondent with vague reason.
3. The case of the petitioners in b
Promotion challenges based on delayed claims are subject to dismissal due to delay and laches, reinforcing the principle that timely objections are crucial in promotion-related disputes.
The period of continuous officiation after appointment has to be taken into account for determining seniority, and where an appointment was made by way of a stopgap arrangement, the experience on suc....
The main legal point established in the judgment is that a petitioner, fully exonerated from a minor punishment, is entitled to be considered for promotion from the date when his juniors were promote....
Service during ad-hoc promotions counts for seniority; initial appointment must fulfill recruitment criteria to be recognized, irrespective of ad-hoc nature.
Promotion assessments must adhere to established procedures, and claims filed after significant delays may be barred by laches.
The court established that the criteria for promotion can include unpublished guidelines and that the Chief Justice has the authority to determine suitability for promotion, which may extend beyond t....
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
Point of law: It is true that going by the abovesaid statutory provision, if the officers are not fully exonerated of the charges, the DPC may decide each case on its own merits. However, the abovesa....
Continuing wrong in promotion denial causing recurring seniority/financial loss overrides delay/laches; backdated promotion for seniority granted without arrears, extending parity to eligible overloo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
