IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. Vinod Kumar, J.
A. Karunanithi - Petitioner
Versus
The Director General of Police - Respondent
W.P.No.18679 of 2019
Decided On : 19-12-2025
| 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 brief is that they are the selected Grade-II constables of 1988 batch attached to the Armed Reserve Police Force; that they were promoted as Grade –I Police Constables in the year 1991 and posted in same Force; that they were further promoted as per order of Seniority to Head Constable in the year 1994 -1995; and that they became eligible for further promotion as Sub-Inspector of Police on completion of 2 years of service as Head Constable.
4. It is the further case of the petitioners that though they have been permitted to appear for Selection Board, in the year 2000 to undergo the selection process, they were not selected to the post of Sub-Inspector of Police on the ground that they have not secured the required marks and also on the ground of seniority when compared to the other selectees.
5. The petitioners further contend that pursuant to memorandum dated 01.05.2004, “C” list of Head Constables (Armed Reserve) fit for promotion as Sub-Inspector of Police (Armed Reserve) for the year 2003 was issued by the first respondent to fill up 94 vacancies in 14 Ranges including Coimbatore Range; that the disputed selection was made by the respondents No.2 and 3 to fill up one post of Sub-Inspector of Police in the Coimbatore Range consisting of 3 Districts; that the 1st petitioner had the merit and ability which are the basic and fundamental yardstick for the selection and seniority being considered only where merit and ability are approximately equal, the first respondent vide notification/memorandum dated 01.05.2004 had prescribed the relevant criteria for selection/consideration based on the marks to be secured whereunder marks were required to be awarded under six(6) heads in all aggregating to 100 marks with highest marks being for written test and Annual Confidential Report; that the Promotion Board contrary to the criteria laid down for the award of marks on six (6) parameters by floating all norms and procedures and by manipulating records, awarded extra marks to the 6th respondent than the marks/criteria prescribed under notification/memorandum dated 01.05.2004; that the foul play as resorted to by the respondents is evident from the 6th respondent Annual Confidential Report; and that the respondents only to favour 5th respondent has resorted to the aforesaid action, thereby, denying the promotion to the first petitioner who was otherwise entitled to be considered and granted promotion.
6. It is the further case of the petitioners that the 6th respondent Annual Confidential Report has been manipulated by altering the actual date of promotion; that the 6th respondent taking advantage of his duties as a Writer attached to Deputy Superintendent of Police (Station House Officer, Armed Reserve) had managed to secure ‘3 outstanding entries’ from 01.04.199
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....
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