JOSEPH Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS Writ Petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Certiorarified Mandamus, calling for the records pertaining to the Order passed in C.No.A.1/3359/11, dated 31.3.2011 on the file of the First Respondent and quash the same with a direction to include the Petitioner 's name in ''C '' list of Head Constables fit for promotion as Sub -Inspector of Police for the year 2008 -2009 published by the First Respondent in his proceeding in C.No.A1/1302/2009, dated 5.3.2009 and to disburse all monetary benefits to the Petitioner in the time scale of pay attached to the post of Sub -Inspector of Police.

(2.) THE Petitioner was appointed as Grade II Police Constable on 10.1.1974 and promoted as Head Constable in the year 1988. He has submitted that he served in the capacity as Head Constable till 2009, conferred with 15 awards and completed 35 years of unblemished service. When he was working as Head Constable, Namanasamuthiram Police Station, Pudukkottai District, a Disciplinary proceeding was initiated by the Second Respondent herein under Rule 3(b) of Tamil Nadu Police Subordinate Service (D & A) Rules, 1955, (hereinafter referred to as the Rules), in connection with an alleged incident, dated 6.11.2006. Pursuant to the report of the Enquiry Officer, the Second Respondent passed an Order, dated 25.12.2007, imposing punishment for reduction of time scale of pay for three years at three stages.

(3.) IT is submitted by the Petitioner, that the First Respondent prepared a list of Head Constables, fit for promotion to the cadre of Sub -Inspector for the year 2008 -2009, which contained the names of 21 Head Constables, wherein the Petitioner 's name found at the 14th place, however, de -listed from the said ''C '' -List, specifying certain reasons in Column Number 6 thereto against law.