1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4517 of 2011 and M.P.(MD)No.1 of 2011 S.Raman : Petitioner Vs. 1.The Principal Secretary to Government, Home Department, Government of Tamil Nadu, Secretariat, Chennai. 2.The Director General of Police, (Land and Order and Administration), Chennai. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to promote the petitioner to the post of Additional Superintendent of Police (Category I ) for the year 2009-2010. For Petitioner : Mr.G.R.Swaminathan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader ORDER ****** Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. By consent, the Writ Petition itself is taken up for final hearing. 3. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents to promote him to the post of Additional Superintendent of Police (Category I ) for the year 2009-2010. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The short back ground of the matter is set out here under: (a) The petitioner joined the police department as Sub Inspector in the year 1976 and later, he was promoted as Inspector of Police in the year 1988. He became Deputy Superintendent of Police on 10.07.2003. Presently, he is working as Assistant Commandant Tamil Nadu Special Police 6th Battalion, Madurai. The next promotion is to the post of Additional Superintendent of Police (Category I). Though his juniors have been promoted, he has not been conferred such promotion. (b) A charge memo was issued to him, which was challenged before this Court by filing a Writ Petition in W.P. (MD)No.130 of 2011. This Court was pleased to quash the charge memo, by its order dated 22.03.2011. Thereafter, the petitioner submitted a representation to the respondents to confer promotion to him as Additional Superintendent of Police (Category I). However, since the same has not been conferred, he has no other go except to approach this Court by filing the present Writ Petition. 5. On notice, the learned Additional Government Pleader appearing for the respondents states that a charge memo under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 is pending against the petitioner and hence, the petitioner was not promoted. 6. I have considered the submission made by the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents. 7. It is not in dispute that the petitioner was facing certain charges and this Court, by an order dated 22.03.2011, in W.P.(MD)No.130 of 2011, has quashed the charge memo on the ground that there is inordinate delay in issuing the charge memo. Thereafter, no appeal has been filed against the said order. In such circumstances, the petitioner should have been conferred the further promotion as Additional Superintendent of Police (Category I). However, it is contended by the learned Additional Government Pleader appearing for the respondents that since the petitioner is facing charges under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955, such promotion was not given to the petitioner. However, mere pendency of charges under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 may not disentitle the petitioner to get further promotion. This fact could not be disputed by the learned Additional Government Pleader appearing for the respondents. It is stated that the petitioner is retiring on 31st July, 2011. 8. In view of the above stated position, I direct the respondents to pass suitable orders on or before 30.06.2011, according promotion to the petitioner to the post of Additional https://hcservices.ecourts.gov.in/hcservices/ 3 Superintendent of Police (Category I) for the year 2009-2010. I hope that the respondents will pass suitable orders before the said period. 9. The Writ Petition stands ordered accordingly. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The Principal Secretary , Home Department, Government of Tamil Nadu, Secretariat, Chennai. 2.The Director General of Police, (Land and Order and Administration), Chennai. SML rl/3c- 16.6.2011 Order made in W.P.(MD)No.4517 of 2011 and MP(MD)No.1 of 2011 Dated: 15.06.2011 https://hcservices.ecourts.gov.in/hcservices/