IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.09.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.A.No.2771 of 2025 and C.M.P.No.22263 of 2025

1. The Superintendent of Police, Villupuram District.

2. The Deputy Inspector General of Police, Villupuram Range, Villupuram.

3. The Director General of Police, Tamil Nadu, Chennai - 4. ... Appellants -Vs-

Tr.N.Rajavelu S/o.Natesan, Retired Head Constable 595, (Formerly Villupuram District), Formerly served in Nilgiris District, Armed Reserve, Now Residing at

5/19, Denish Special School Opposite, Ulundurpettai, Kallakurichi District. ... Respondent PRAYER : Appeal filed under Clause XV of Letters Patent, against the order dated 26.02.2024 in W.P.No.29005 of 2010. For Appellants : Mr.E.Vijay Anand Additional Government Pleader

J U D G M E N T

(Judgment of the Court was delivered by R.SURESH KUMAR, J.)

This intra Court appeal has been directed against the order dated

26.02.2024 made in W.P.No.29005 of 2010.

2. The respondent was the writ petitioner who was initially enlisted as Grade-II Police Constable in the District Armed Reserve, Cuddalore on 01.03.1972 and was transferred to the Local Police in 1976 and continued his service in Villupuram District.

3. While so, since he has been implicated in a criminal case in Crime No.596 of 1977 on the file of Tirukovilur Police Station for the alleged offences under Sections 359 & 380 of IPC, he was issued with a charge memo in P.R.No.162 of 1978 and the said disciplinary proceedings ended in a punishment of dismissal from service by order dated 27.01.1979. As against the order of the dismissal, the respondent / writ petitioner preferred an appeal before the Deputy Inspector General of Police and the Appellate Authority was pleased to set aside the order of the punishment of the dismissal and therefore, the respondent / writ petitioner was reinstated into service on 30.06.1979.

4. For the very same set of allegations, further disciplinary proceedings again been issued by reviving P.R.No.51 of 1985 by issuing a fresh charge memo and that was under challenge in W.P.No.836 of 1987, that was initially stayed by the order of the Court dated 28.07.1987, thereafter, the writ petition was transferred to the then existing Tamil Nadu Administrative Tribunal, where it has been renumbered as T.A.No.585 of 1992. By order dated 26.06.2003, the said disciplinary proceedings were quashed, thereby P.R.No.51 of 1985 was dropped on 07.01.2004 and the period of suspension of the respondent / writ petitioner was treated as a duty.

5. Thereafter, the respondent / writ petitioner was upgraded as Grade-I Police Constable with effect from 03.03.1993 and as Head Constable with effect from 16.01.1998.

6. Only in this context, it is the contention of the respondent / writ petitioner that, he should have been promoted as Grade-I Police Constable in the year 1984 as several of his juniors have been promoted and had been given further promotions to the post of Head Constables in the year 1994. Since the juniors of the petitioner were also promoted as Sub Inspectors and subsequently as Special Sub-Inspectors as early as in the year 2001 to 2005, the respondent /

writ petitioner also sought for such promotions.

7. At one point of time, when his name was to be considered for upgradation as Special Sub-Inspector, based on the seniority, his name has not been recommended because of the criminal case in P.R.No.17 of 2007 in Ulundurpet Police Station in Crime No.159 of 2007 under Sections 354 & 342 IPC r/w under the provisions of the Tamil Nadu Prevention of Women Harassment Act, 2002 since were pending, he was in fact awarded with a punishment of "reduction of pay by one stage for one year which shall operate to postponement of future increments".

8. However, the said criminal case ended in acquittal by the judgment of the Principal Sessions Judge, Villupuram in S.C.No.50 of 2010 on 29.01.2011.

9. Therefore, the departmental punishmen