1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 30.06.2011 CORAM :: THE HONOURABLE MR. JUSTICE K. VENKATARAMAN W.P.(MD)No.3870 of 2011 and M.P.(MD)No.2 of 2011 P. Periyasamy (HC - 312), S/o. Ponnuchamy, No.86, New Street, Mayanoor Post, Krishnarayapuram Taluk, Karur District. ...... Petitioner - Vs - 1. The Government of Tamil Nadu, Rep. by its Home Secretary, Fort. St. George, Chennai - 600 009. 2. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004. 3. The Deputy Inspector General of Police, Trichy Range, Trichy District. 4. The Superintendent of Police, O/o. The Superintendent of Police, Karur District. ....... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order passed by the fourth respondent in D.O.No.506/2010, Na.Ka.No.A1/13907/2010 dated 06.09.2010 and quash the same and consequently direct the respondents No.3 and 4 to fix the seniority and give the promotion to the petitioner for the post of Sub-Inspector of Police. For Petitioner :: Mr. A. Rajaram For Respondents :: Mr. T. S. Mohamed Mohideen Additional Government Pleader - - - - - - - O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The petitioner has come up with the present writ petition challenging the impugned order of the fourth respondent dated 06.09.2010 and to direct the third and fourth respondents to fix the seniority and give promotion to him for the post of Sub-Inspector of Police. 3. On notice, the learned Additional Government Pleader submitted that the petitioner could not be considered for promotion and could not be included in the list drawn for promotion as Sub Inspector of Police since he was facing criminal trial. However, since the case ended in acquittal, according to the learned Additional Government Pleader, his case can be considered for promotion. 4. Taking into consideration the said submission made by the learned Additional Government Pleader, I am inclined to set aside the impugned order of the fourth respondent dated 06.09.2010 and to direct the fourth respondent to include the name of the petitioner for promotion to the post of Sub Inspector of police. 5. Accordingly, the impugned order of the fourth respondent dated 06.09.2010 is set aside and the fourth respondent is directed to include the name of the petitioner for promotion to the post of Sub Inspector of police within a period of eight weeks from the date of receipt of a copy of this order. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.2 of 2011 is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To: 1. The Home Secretary, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009. 2. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004. 3. The Deputy Inspector General of Police, Trichy Range, Trichy District. 4. The Superintendent of Police, O/o. The Superintendent of Police, Karur District +One Cc to The Spl Govt. Pleader, SR.No.21141 +One Cc to Mr.A.Rajaram, Advocate, SR.No.21344 Dpn rl/7c – 18.7.2011 W.P.(MD)No.3870 of 2011 and M.P.(MD)No. 2 of 2011 30.06.2011 https://hcservices.ecourts.gov.in/hcservices/