P BOSE Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) HEARD the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents.

(2.) THE petitioner had submitted that he is a Deputy Superintendent of Police In Service Training, Tirunelveli Range. He was directly recruited as Assistant Sub Inspector of Police in the year 1960. THE petitioner had completed his training, on 13.6.1961, and he, along with his 37 batch mates were posted in Southern, Western and Central Ranges, as per the District Order No.159/PTE/61/Vellore, dated 9.6.1961.

(3.) IN the reply affidavit filed on behalf of the respondents, it has been stated that the petitioner was initially recruited as direct Assistant Sub INspector of Police, on 14.9.1960, and subsequently, selected as Sub INspector of Police by direct recruitment in the year 1963. The petitioner's case was considered by the State Promotion Board during the year 1971 for inclusion in the `C' list of Sub INspector of Police, but his name was not included therein due to the recent punishment awarded to him. However, on his appeal to the Government, his name was included in the `C' list of Sub INspector of Police drawn up for the year 1971, as Sl.No.127(e) in G.O.Ms.No.1158, Home, dated 27.4.1973, and he was promoted as INspector of Police, with effect from 10.8.73. The feeder category for the post of Deputy Superintendent of Police, Category I, is that of INspector of Police. As per the seniority in the feeder category, the petitioner's name was duly considered for the inclusion in the panel of INspectors of Police fit for appointment by transfer as Deputy Superintendent of Police, Category I, for the year 1984-85. However, his case was not recommended due to his bad record of service, pendency of charges under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, the punishment awarded to him and the adverse remarks in his Annual Confidential Report. The petitioner was not recommended to be included in the panel for the year 1985-86, due to the recent punishment awarded to him. However, his name was included in the panel in the year 1986-87 and promoted as Deputy Superintendent of Police, Category I, on 7.9.87.