K. Naganathan, v. the Director General of Police
Case brief
What is this about?
Petitioner, a police officer facing modified punishment of stoppage of increments, challenged the rejection of his claim to regularize absent period as duty period. The High Court held that exceptional absence treated as leave condones it for continuity of service but not for back wages, remanding the matter for limited reconsideration.
What did the court decide?
Impugned order rejected as duty period quashed and matter remanded for reconsideration on entitlement beyond eligible leave.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.15597 of 2013 and M.P.(MD) No.1 of 2013
K.Naganathan ... Petitioner
Vs.
- 1.The Director General of Police, Chennai – 600 004.
2.The Deputy Inspector General of Police, Madurai Range, Madurai, Madurai District.
3.The Superintendent of Police, Madurai, Madurai District. ... Respondents
PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Roc.No. /2013 (C.No.A2/11300/2007) dated 14.08.2013 on the file of the Respondent No.2 and quash the same as illegal and consequently to direct the Respondents to treat the period from 17.09.2002 to 20.12.2007 as the duty period with all service benefits including continuity of service and to award necessary promotion within the time stipulated by this Hon'ble Court.
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to have his period of absence treated as duty period for service benefits beyond the eligible leave period.
How Fundamental Rule 54(1)(b) applies to condoning the absent period of a police officer subjected to modified punishment of stoppage of increments.
Parties & counsel
- petitioner
K.Naganathan
- respondent
Director General of Police, Chennai
- respondent
Deputy Inspector General of Police, Madurai Range
- respondent
Superintendent of Police, Madurai
Coram
Case details
As recorded by the court registry
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