An authority exercising reconsideration of punishment must also consider connected claims like retrospective promotion if fresh orders are to be passed.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. No.6491 of 2025 S.Vishvanathan S/o.V.Singarvelu, Nattamangalam (Post), Gurusamipalayam (Via), Namakkal Taluk and District.

..Petitioner(s)

Vs The Government of Tamilnadu, Rep. by its Additional Chief Secretary, Home (SC)

Department, Secretariat, Fort St George, Chennai - 600 009.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records on the file of the respondent in their proceedings in G.O.(2D), No.273, Home (SC)Department dated 17.11.2021 and quash the same and consequentially directing the Respondents to promote the petitioner retrospectively to the Post of Inspector of Police w.e.f. 2006 with all service and monetary benefits within the time limit of fixed by this Honble Court. AMENDED AS to call for the records in proceedings in P.R.No. 09/A4/2006 dated 07.02.2006 and G.O.(2D), No.273, dated 17.11.2021 issued by the respondents and quash the same and consequently directing the Respondents to promote the petitioner retrospectively to the Post of Inspector of Police w.e.f. 2006 with all service and monetary benefits.

(PRAYER AMENDED AS PER ORDER DATED 19.02.2025 IN WMP.6488/2025 IN WP.16355/2022 BY NMJ) For Petitioner(s): Mr.M.Vijaya Kumar For Respondent(s): Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The present writ petition is filed praying for a writ of Certiorarified Mandamus calling for the records in proceedings in P.R.No. 09/A4/2006 dated 07.02.2006 and G.O.(2D), No.273, dated 17.11.2021 issued by the respondents and quash the same and consequently direct the Respondents to promote the petitioner retrospectively to the Post of Inspector of Police w.e.f. 2006 with all service and monetary benefits.

2. It is submitted by the learned counsel for petitioner that petitioner was initially appointed as Sub-Inspector of Police on 02.06.1997 and was promoted to the post of Inspector of Police on 01.06.2010. While filing the present writ petition, petitioner was working as Inspector of Police at Mannargudi Circle, Thiruvarur District. Petitioner would submit that while working as Sub- Inspector of Police at Kulithalai Unit, Karur District, during the year 2001, petitioner was charge sheeted for not maintaining General Diary for the period 15.09.2001 to 05.11.2001 vide charge sheet in February 2006. Further, the 2^nd charge memo was issued stating that the petitioner has not forwarded the Station House report to the Deputy Superintendent of Police for the period 18.09.2001 to 04.11.2001 and also for non-submission of Form 95 to the Judicial Magistrate in14 cases. Petitioner was charge sheeted along with Deputy Superintendent of Police in the same unit. The charges were initially framed under Rule 3(b) of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules,1955 (hereinafter referred to as “TNPSS (D&A) Rules”). After two and half years, petitioner was awarded with a punishment of stoppage of increment for a period of 6 months without cumulative effect while charge was dropped as against the Deputy Superintendent of Police. Petitioner would submit that he had earlier filed a writ petition before this Court in W.P. No.16477 of 2020, challenging the above disciplinary proceedings with the following prayer:

“Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records on the file of the respondents in their proceedings in G.O. (2D) No.655 dated 10.11.2008, G.O.(2D) No.1 P.R.No.09/A4/2006 by the 2^nd respondent dated 07.02.2006 and quash the same and consequently directing the respondents to promote the petitioner retrospectively to the post of Inspector of Police w.e.f. 200