1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.6992 of 2011 and M.P.(MD)Nos.1 & 2 of 2011 P.Ramu : Petitioner vs. 1.The State of Tamil Nadu Rep. by its Secretary Home Department, St. George Fort, Chennai. 2.The Commissioner of Police, Madurai City, Madurai. 3.The Deputy Commissioner of Police, Madurai City, Madurai. : Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 2nd respondent in his proceedings C.No.A1/7197/2010, dated 17.02.2010 and quash the same as illegal in so far as it relates to the non consideration of the petitioner is concerned and consequently upgrade the petitioner as Special Sub- Inspector of Police with effect from 01.09.2009 along with monetary benefits thereon and pass orders For petitioner : Mr.M.Ajmal Khan For Respondents : Mr.T.S.Mohamed Mohideen Additional Govt. Pleader ORDER The writ petition has been filed, challenging the order, dated 17.02.2010 passed by the Commissioner of Police, Madurai City, by which, the petitioner has been communicated that his name has not been considered for up-gradation to the post of Special Sub-Inspector of Police on the ground that he was placed under suspension on 04.12.2009 in C.P.O.No.1553/09, dated 31.12.2009. 2.Assailing the correctness of the order, Mr.M.Ajmal Khan, learned counsel appearing for the petitioner submitted that though the petitioner was placed under suspension on 03.12.2009 on the ground that a criminal case was registered in Crime No.2858 of 2009 under sections 341, 294(b), 323, 324, 353 and 506(ii) of IPC, registration of the criminal case was subsequent to the crucial date fixed for consideration to the post of Special Sub-Inspector of Police and therefore, he is entitled for upgradation. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Material on record shows that subsequent to the order of suspension, disciplinary action has been initiated against him. Consideration of a Government servant for promotion to higher post is at two stages;- (i) crucial date on which the panel has to be prepared as per the rules; and (2)the date of which the actual promotion is effected. Useful reference can be made to the decision of M.Kaliappan vs. Secretary to Government, Home Department, Chennai and others, reported in 2009-1-MLJ 807. In the case on hand, though on the crucial date, no disciplinary proceedings were pending, the fact that a criminal case has already been registered on 03.12.2009 for the aforesaid offences, when the actual promotion was effected cannot be ignored. When the petitioner has been placed under suspension, he has no legal right to seek for inclusion of his name, in the panel for promotion for higher post or for up-gradation to the post of Special Sub-Inspector of Police. 4.In view of the above, this court finds no manifest illegality in the impugned order, warranting interference. Hence, the petition is dismissed. consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar(C.S) To 1.The Secretary, State of TamilNadu Home Department, St. George Fort, Chennai. 2.The Commissioner of Police, Madurai City, Madurai. 3.The Deputy Commissioner of Police, Madurai City, Madurai. 4.The Special Government Pleader, Madurai Bench of Madras High Court, Madurai. +1. CC to Mr.M.Ajmalkhan, Advocate, SR.No. 22375 er order in W.P.(MD).No.6992 of 2011 08.07.2011 TR : 26.07.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/