A writ petition seeking promotion for a police Sub Inspector was dismissed. The Court held that since the petitioner was already promoted and retired after the disciplinary proceedings concluded, and a prior challenge to the punishment was dismissed, the petition lacks merit.
The writ petition failing and dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2020
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.27107 of 2005
Shanmugam
...Petitioner
Vs 1.The Director General of Police, Chennai – 4. 2.The Secretary to Government, Home (Police IV) Department, Fort St.George, Chennai – 9. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the respondents to consider the claim of the petitioner for inclusion of his name in C list of Sub Inspector of Police fit for promotion as Inspector of Police for the year 2003-04 and promote him as Inspector of Police and grant him all consequential service and monetary benefits.
For Petitioner : No representation For Respondents : Mr.K.Magesh Special Government Pleader O R D E R
The relief sought for in this writ petition is to issue a writ of mandamus to direct the respondents to consider the claim of the petitioner for inclusion of his name in 'C' list of Sub Inspector of Police and promote him as Inspector of Police and grant him all consequential service and monetary benefits.
the punishment period is over. In such a way, the name of the petitioner was not considered for promotion. After completion of the disciplinary proceedings, the petitioner's name was included in the panel and also got promotion. He further submitted that the very same petitioner challenged the order of punishment in W.P.No.31956 of 2004 and by order dated 15.12.2020 this Court dismissed the above writ petition.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
ms
To
1.The Director General of Police,
Chennai – 4.
2.The Secretary to Government,
Home (Police IV) Department,
Fort St.George,
Chennai – 9.
+1 cc to The Government Pleader, Sr.No. 41323
W.P.No.27107 of 2005 SRII(CO) RMP(20/01/2021)
2 issues framed by the court
Whether the petitioner is entitled to promotion and consequential benefits given pending disciplinary proceedings.
Whether the petitioner's entitlement is defeated by the earlier dismissal of a challenge to the punishment order.
1 provisions across 1 enactments
Shanmugam
The Director General of Police, Chennai
The Secretary to Government, Home (Police IV) Department
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
