1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20/06/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.5817 of 2011 V.Paramasivam ... Petitioner Vs 1.The Director General of Police Mylapore, Chennai-600 004. 2.The Deputy Inspector General of Police, Madurai Range, Madurai. 3.The Superintendent of Police Madurai Rural, Madurai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to consider the promotion of the petitioner as Special Sub-Inspector on par with the juniors and to promote him as Special Sub-Inspector without referring to the charge memo issued by the second respondent in P.R.No.119 of 1999. For petitioner ... Mr.Veera Kathiravan For Respondent ... Mr.T.S.Mohammed Mohideen Addl. Govt. Pleader O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. By consent, the Writ petition is taken up for final hearing. 3. The petitioner has come up with the present writ petition for a mandamus directing the respondents to consider the promotion of the petitioner as Special Sub-Inspector on par with the juniors and to promote him as Special Sub-Inspector without referring to the charge memo issued by the second respondent in P.R.No.119 of 1999. 4. The case of the petitioner is that he is working as Grade I Police Constable in Chekkanoorani Police Station, Madurai District. He is not having any serious charges except the charge in P.R.No.119 of 1999, which has been pending against him. He was later promoted as Head Constable and subsequently the said promotion was cancelled. While he was in Tirumangalam Town Police Station, charge memos have been issued to him and two others. Most of the constables, who were subjected to the charge memo, have challenged the same before the Tamil Nadu Administrative Tribunal in O.A.No.6238 of 1999 and the Tamil Nadu https://hcservices.ecourts.gov.in/hcservices/ 2 Administrative Tribunal has passed an order, dated 08.11.2001, holding that during the pendency of the criminal case, the charge memo must be kept in abeyance. While so, even though he was promoted as Head Constable on 22.07.2002, within two months, the said promotion was cancelled. That apart the co-delinquent has been given promotion and he is now working as Deputy Superintendent of Police. In view of the same, the petitioner has come up with the present writ petition for the relief set out earlier. 5. On notice, the learned Additional Government Pleader fairly submits that the co-delinquent has been given promotion. 6. In view of the above stated position, I am of the considered view that the petitioner cannot be denied promotion. Considering the above facts and circumstances, I am inclined to direct the first respondent to consider the petitioner for promotion as Special Sub Inspector of Police on par with his juniors without reference to the charge memo issued by the second respondent in PR No.119 of 1999. The said exercise has to be carried out within a period of eight weeks from the date of receipt of a copy of this order. The Writ Petition is ordered accordingly. No costs. Consequently connected miscellaneous petition is closed. sd/- Deputy Registrar (L.A) /True Copy/ Assistant Registrar To 1.The Director General of Police Mylapore, Chennai-600 004. 2.The Deputy Inspector General of Police, Madurai Range, Madurai. 3.The Superintendent of Police Madurai Rural, Madurai District. W.P.(MD) No.5817 of 2011 and M.P.No.1 of 2011 20.06.2011 RR RJ/5.7.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/