O R D E R

This writ petition has been filed for a writ of Certiorarified Mandamus to quash the impugned orders passed by the fourth respondent in C.No.F11 P.R.No.69/2006, dated 14.02.2011, the second respondent in C.No.A4/4504/SM77/2011, dated 08.08.2011 and the first respondent in RC.No.045765/87/AP.II(3)/2013, dated 03.11.2016 and further direct the fourth respondent to provide due promotion to petitioner as per the service records along with monetary benefits.

2. The petitioner while he was working in the Armed Reserve Police, Madurai District on 17.09.2002, the duty Sub Inspector of Police appointed the petitioner for VIP-PSO duty to Mr.Murugavelrajan, Former MLA of Vanthavasi Constituency, who was attached with Pattali Makkal Katchi. On 05.10.2003, the Inspector of Police, Special Branch, Madurai appointed one Mr.Jeyaraman, Grade I Police as PSO of the Ex.MLA. On 17.01.2006, the Sub Inspector of Police, Melur appointed the petitioner as PSO of the Ex. MLA and the petitioner discharged his duty properly.

3. On 22.06.2005, the said Mr.Murugavelrajan, siting MLA of Vanthavasi Constituency went to E.Aavarampatti Village, Nilakkottai Taluk, Dindigul District to participate in the funeral function of his maternal grandmother. The petitioner went along with him as his security. On that day, a dispute arose between the Scheduled Caste and non-Schedule Caste people. The said Mr.Murugavelrajan lodged a complaint before the Inspector of Police, Vilampatti Police Station and upon receiving the complaint, the police registered an FIR against more than 200 persons in Crime No.92 of 2005 for the offences punishable under Sections 147, 148, 336, 323, 324, 427, 379 of IPC (NP) and Section 3 (1) (X) of SC/ST Act.

4. On 24.07.2005, when the said MLA was proceeding towards Dindigul, while his car was crossing Aavarampatti Village, few persons attacked his car unexpectedly. The petitioner and one Mr.Govindarajan protected the MLA by discharging their duties. In respect of this occurrence on 24.07.2005, the said MLA lodged a complaint before the Superintendent of Police, Dindigul. The police registered a FIR in Crime No.182 of 2005, in which the petitioner had been arrayed as A10 at the time of filing charge sheet but the petitioner's name was not mentioned in the FIR. The Ammaiyanayaknoor Police filed charge sheet and it was taken on file of the learned Judicial Magistrate, Nilakkottai as C.C.No. 178 of 2006 and after full trial, the learned Judicial Magistrate, Nilakkottai acquitted the petitioner vide judgment dated 25.08.2010.

5. The fourth respondent initiated a departmental proceeding in PR.No.69 of 2006 under Rule 3 (b) of the TNPSS (D&A) Rules, 1955. Thereafter, the enquiry officer conducted an enquiry and submitted his report on 01.02.2008. The fourth respondent did not pass any order on the report. In such circumstances, the fourth respondent vide order dated 31.03.2009, upgraded sixteen Grade I Police as Head Constables and because of pendency of PR No.69 of 2006, the petitioner's name was not considered for up gradation to the post of Head Constables. The fourth respondent ought to have upgraded the petitioner as Head Constable on 25.10.2008. Since the fourth respondent had not passed any order in pursuance of the fifth respondent's report, the petitioner should have been upgraded the petitioner to the post of Head Constable but he failed to do so.

6. However, the fourth respondent vide his order dated 14.02.2011 reduced the petitioner's time scale pay by three stages for three years with cumulative effect. Thereafter, the second respondent, who was holding the additional charge of the third respondent in the relevant point of time vide his proceedings in C. No. A4/4504/SM-77/2011, dated 08.08.2011, based on the order of the fourth respondent, by invoking his suo-motu power and modified the punishment that of postponement of increment for one year without cumulative effect. The second respondent while passing his review order, failed