A.Arjunan Vs. the Superintendent of Police

A.Arjunan vs The Superintendent of Police

Type Court Judgment Court Chennai Decided Oct 14, 2011

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Citation: sooperkanoon.com/922899
Court: Chennai High Court
Judge: K.Chandru, J.
Decided On: Oct 14, 2011
Case Number: Writ Petition (MD)No.8981 of 2010
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal
Acts & sections: Indian Penal Code (IPC) - Sections 342, 323, 306, 193, 201, 220; TNPSS (D&A) Rules - Rule 3(b)

Parties & Advocates

Appellant / Petitioner

A.Arjunan

Respondent

The Superintendent of Police

Legal References

Acts: Indian Penal Code (IPC) - Sections 342, 323, 306, 193, 201, 220; TNPSS (D&A) Rules - Rule 3(b)

Excerpt

.....323, 306, 193, 201 and 220 ipc are still pending against him. with regard to the averment contained in para 2, as per the g.o.ms.no.65, public (l&o e) department, dated 12.01.2006 departmental action has been initiated against him in p.r.49/2009 u/r 3(b) of tnpss d& a rules. ...... 15.it is further submitted that as per instructions issued in g.o.ms.no.363, personnel and administrative reforms department, dated 18.10.1993, if specific charges are framed or charge sheet is filed in the criminal case before actual promotion, the person concerned should not be promoted not withstanding the fact his name has been included in the panel. if he was proved innocent and exonerated or acquitted of the charges and if these are not others adverse factors to be recorded his case should be reopened and final orders should be issued. since, the allegation leveled against the petitioner is substantiated on criminal was registered against him in paramakudi ps cr.no.475/02 and the charge sheet u/s.342, 323, 306, 193, 201 and 220 ipc was failed against him on 22.10.2009 before the additional sessions judge, fast track court, ramanathapuram. therefore, he is not eligible for upgradation as special sub inspector of police. if he proved innocent and exonerated or acquitted of the charges his case will be reopened and he will be upgraded as special sub inspector of police with retrospective effect on par with batch mates. 4.in the light of the stand taken by the first respondent, there is no case made out for grant of relief. hence, the writ petition stands dismissed. no costs. consequently, connected miscellaneous petition is closed.

Full Judgment

1. The present writ petition is filed seeking for a direction to the respondent to grant promotion to the petitioner in accordance with law and without reference to the charge memo, dated 15.05.2009.

2.This writ petition was once dismissed for default by this Court by order dated 04.01.2011. On the petitioner filing an application in M.P.(MD)No.1 of 2011, the same was restored on 31.03.2011.

3.On notice from this Court, the first respondent, Superintendent of Police, Ramanathapuram, has filed a counter affidavit dated 'nil' February 2011. In the counter affidavit, the reason for not promoting the petitioner has set out in paragraph and in paragraph 15, are as follows:

4...Tr.A.Arjunan, HC 750 was enlisted as Gr.II.PC on 15.11.1978 in the Police department and he was upgraded as Gr.I.PC on 24.11.1994. Further he was upgraded as Head Constable on 25.11.1999. He has competed 25 years of service including 10 years of service as Head Constable on 24.11.2009. He is due for upgradation as SSI on 07.01.2010 as per G.O.Ms.No.15, Home (Police V) Department, dated 07.01.2010. As per guidelines envisaged in this Government Order, he was not promoted as SSI as both the Departmental proceedings u/r 3(b) of TNPSS (D&A) Rules in P.R.No.49/2009 and Criminal proceedings in Paramakudi Town PS. Cr.No.475/2002 u/s.342, 323, 306, 193, 201 and 220 IPC are still pending against him. With regard to the averment contained in para 2, as per the G.O.Ms.No.65, Public (L&O E) Department, dated 12.01.2006 departmental action has been initiated against him in P.R.49/2009 u/r 3(b) of TNPSS D& A Rules. ......

15.It is further submitted that as per instructions issued in G.O.Ms.No.363, Personnel and Administrative Reforms Department, dated 18.10.1993, if specific charges are framed or charge sheet is filed in the criminal case before actual promotion, the person concerned should not be promoted not withstanding the fact his name has been included in the panel. If he was proved innocent and exonerated or acquitted of the charges and if these are not others adverse factors to be recorded his case should be reopened and final orders should be issued. Since, the allegation leveled against the petitioner is substantiated on criminal was registered against him in Paramakudi PS Cr.No.475/02 and the charge sheet U/s.342, 323, 306, 193, 201 and 220 IPC was failed against him on 22.10.2009 before the Additional Sessions Judge, Fast Track Court, Ramanathapuram. Therefore, he is not eligible for upgradation as Special Sub Inspector of Police. If he proved innocent and exonerated or acquitted of the charges his case will be reopened and he will be upgraded as Special Sub Inspector of Police with retrospective effect on par with batch mates.

4.In the light of the stand taken by the first respondent, there is no case made out for grant of relief. Hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Same Court & Year Chennai · 2011 Same Parties A.Arjunan vs The Superintendent of Police Same Subject Criminal Same Judge K.Chandru, J. Acts & Sections Indian Penal Code (IPC) - Sections 342, 323, 306, 193, 201, 2...