IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.02.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.33980 of 2012 K.K.Sathasivam ...Petitioner Versus
1. The State of Tamil Nadu Rep. by its Secretary to Government, Home Department, Fort St. George, Chennai – 09.
2. The Director General of Police, Mylapore, Chennai. .. Respondents Prayers: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the respondent to consider the case of the petitioner for accelerated promotion based on the recommendations of the Superintendent of Police, Coimbatore District in Proceeding C.No.A2/27055/2010, dated 05.07.2010 and the recommendations of the Deputy Inspector General of Police, Coimbatore range in proceeding R.C.No.22279/A1/97, dated 21.04.1998.
For Petitioner : Mr.Prem Narayan For Respondents : Mr.S.Navaneethan, AGP
O R D E R
The petitioner has filed this Writ Petition praying to direct the respondent to consider the case of the petitioner for accelerated promotion based on the recommendations of the Superintendent of Police, Coimbatore District in proceeding C.No.A2/27055/2010, dated 05.07.2010 and the recommendations of the Deputy Inspector General of Police, Coimbatore range in proceeding R.C.No.22279/A1/97, dated 21.04.1998.
2. According to the petitioner, he was appointed as Grade II Police constable on 24.12.1985 and later promoted as Sub-Inspector of Police on 01.08.2000. On 10.09.1995, a special team was formed, headed by Mr.Ashok Kumar, Deputy Inspector General of Police, where petitioner is one of the member. The special team nabbed one K.Bhavi, one of the LTTE escapees at SNR Lodge, Mettupalayam. For the said operation, the Deputy Inspector General of Police, Coimbatore, recommended the petitioner's name along with Grade II Police Constable, for accelerated promotion on 21.04.1998. Subsequently, the Superintendent of Police, Coimbatore District recommended the petitioner's name, for accelerated promotion, on 05.07.2010. As no action was taken, the Deputy Inspector General of Police, Coimbatore has once again, recommended their names for the accelerated promotion on 07.08.2010. But the respondents have not considered his name for accelerated promotion. Therefore, the petitioner has filed the present Writ Petition.
3. The learned Government Pleader appearing for the respondents has submitted that eventhough no counter has been filed, the accelerated promotion of the petitioner will be decided by the Government on merits and in accordance with law.
4. By taking into consideration of the facts and circumstances of the case, as the Deputy Inspector General of Police, Coimbatore and the Superintendent of Police, Coimbatore are recommended the petitioner's name, for accelerated promotion, which is still pending, this Court directs the first respondent to consider the recommendation made by the Deputy Inspector General of Police, Coimbatore, on 07.08.2010 for accelerated promotion and pass orders, on merits and in accordance with law, as expeditiously as possible, preferably with in a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above observation and direction, the Writ petition is disposed of. No costs.
16.02.2017 pvs To
1. The State of Tamil Nadu Rep. by its Secretary to Government, Home Department, Fort St. George, Chennai – 09.
2. The Director General of Police, Mylapore, Chennai.
D. KRISHNAKUMAR, J.,
pvs W.P.No.33980 of 2012 16.02.2017