IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.NOs.44817 and 44818 of 2006 [O.A.Nos.7865 & 7864 of 1999] [T] V.Prakasam .. Petitioner in W.P.No.44817/06 A.Abraham Kennedy .. Petitioner in W.P.No.44818/06 Vs. 1.The Director General of Police, Chennai – 600 004. 2.The Commandant, Tamil Nadu Special Police (II Battalion) Avadi, Chennai. .. Respondents in both WPs. PRAYER IN BOTH WPs.: Petition filed under Article 226 of the Constitution Original Application Nos.7864 and 7865 of 1998 were filed before the Tamil Nadu Administrative Tribunal, praying to call for the records of the second respondent relating to his order dated 18.11.1999 made in his proceedings Na.Ka.No.A/19978/99-A.Aa.868/99, to set aside the same in so far as the petitioners are concerned. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For Petitioners : Mr.A.S.Kaizer For Respondents : Mr.S.Shivashnamugam, Government Advocate C O M M O N O R D E R Original Application Nos.7864 and 7865 of 1998 were filed before the Tamil Nadu Administrative Tribunal, praying to call for the records of the second respondent relating to his order dated 18.11.1999 made in his proceedings Na.Ka.No.A/19978/99-A.Aa.868/99, to set aside the same in so far as the petitioners are concerned. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. were received by transfer and numbered as Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioners were originally appointed in Tamil Nadu Police Service as Buglar Police Constables in the year 1987 and 88 respectively. They were converted as Grade II Police Constables on completion of five years of service as Buglar Police Constables by proceedings C.No.A116586/98 B.O.No.571/98 dated 29.8.1998. Thereafter, they underwent the Lance Naik test in the year 1994 and their names were not included in the 'C' list of Police Constables fit for promotion to the post of Lance Naik during the year 1994-95. Thereafter, by proceedings C.No.A1/16585/98 B.O.No.572/98 dated 29.8.1998 they were promoted as Lance Naik with effect from 23.2.1993. They were given further upgradation as Naik with effect from 1.9.1995 subject to certain terms and conditions. On 23.11.1998, they were temporarily promoted as Havildar in proceedings C.No.A1/23496/98 B.O.803/98 dated 23.11.1998 and it was stated that the promotion is temporary in nature and they will be reverted without assigning any reasons. However, on 18.11.1999 in proceedings Na.Ka.No.A2/19978/99 A.A.868/99 dated 18.11.1999, which is the impugned proceedings, both the petitioners were reverted from the rank of Havildar to Buglar Police Constables. They were reverted by three stages. Aggrieved thereby, the original application has filed and renumbered as writ petition. 3.Heard, Mr.S.Shivashnamugam, learned Government Advocate appearing for the respondents. 4.The impugned proceedings to be set aside on the sole ground that no reason has been recorded in the order, as to why the two petitioners, who have been given promotion as Havildar, have been reverted by three stages to the post of Buglar Police Constables. They have upgraded from the post of Buglar Police Constables to Grade-II Police Constable and subsequently as Lance Naik and Naik by proceedings of the competent authority. Without setting aside the same the reversion by three stages that too without assigning any reasons cannot be sustained and impugned proceedings is a non speaking order. Therefore, the impugned order is set aside. The writ petition is allowed. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ vsm To 1.The Director General of Police, Chennai – 600 004. 2.The Commandant, Tamil Nadu Special Police (III Battalion) Avadi, Chennai. +1 C.C. to Government Pleader, High Court, Madras-104= SR No.13401 W.P.Nos.44817 and 44818 of 2006 25.02.2010 https://hcservices.ecourts.gov.in/hcservices/