1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4224 of 2011 and M.P.(MD)No.1 of 2011 M.Muthulakshmi : Petitioner Vs. 1.The Principal Secretary to Government, Government of Tamil Nadu, Home (IV) Dept., Chennai. 2.The Director General of Police, Chennai-4. 3.The Superintendent of Police, Virudhunagar District, Virudhunagar. : 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 include the name of the petitioner in the promotion panel of Deputy Superintendent of Police and consequently, to give promotion as Deputy Superintendent of Police. For Petitioner : Mr.F.Deepak For Respondents : Mr.V.Rajasekaran Special Government Pleader ORDER ****** Mr.V.Rajasekaran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents to include her name in the promotion panel of Deputy Superintendent of Police and consequently, to give promotion as Deputy Superintendent of Police. 3. The case of the petitioner is that she has joined in police service on 03.02.1981 as Sub-Inspector. Subsequently, she was promoted as Inspector as early as on 15.11.1995. Now, she is working as Inspector in Sivakasi Police Station under the control of the third respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The first respondent issued a Government Order in G.O.(2D) No.439, Home (Police IV) Department, dated 18.07.2006, awarding a stoppage of increment with cumulative effect for two years as a consequence of disciplinary proceeding initiated against her in TDP Case No.3 of 2001. 5. The currency of punishment was over on 18.07.2008 itself. In between the period from 18.07.2008, i.e., after the currency of punishment was over, the promotion panel was formulated by the first respondent, before two charges made against her dated 13.05.2009. Another charge memo dated 24.03.2010 was issued by the Deputy Inspector General of Police, Madurai Range. 6. The grievance of the petitioner is that between the period from 18.07.2008 to 13.05.2009, there was no charge pending against the petitioner. Hence, the case of the petitioner should have been considered for promotion. But, however, the name of the petitioner was not considered and hence, she has come up with the present Writ Petition for the reliefs stated earlier. 7. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the petitioner to send a representation to the respondents, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider the same on merits and in accordance with law, within a period of six weeks thereafter. 8. The Writ Petition stands disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. No costs. SML Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Government of Tamil Nadu, Home (IV) Dept., Chennai. 2.The Director General of Police, Chennai-4. 3.The Superintendent of Police, Virudhunagar District, Virudhunagar. +1 cc to Mr.F.Deepak, Advocate SR.No.13672. Order made in W.P.(MD)No.4224 of 2011 Dated:11.04.2011 2P/5C RPB 28.04.2011 https://hcservices.ecourts.gov.in/hcservices/