HC judge m s ramesh j -++direct to promote SI citing delay in completing dept inquiry
CITY
HC directive to promote SI citing delay in completing dept inquiry
Kaushik Kannan | TNN | Jan 1, 2020, 04:33 IST
TNN
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Madurai: Citing inordinate delay in concluding departmental proceedings against a sub-inspector, the Madras high court directed the department to promote him to inspector of police as the there has been an inordinate delay in completing departmental inquiry against him. The court directed the authorities concerned to promote the petitioner, D Jeyaseelan Koilraj Mathew, who is working as SI at the CID security branch in Chennai, to inspector of police within eight weeks.
Justice M S Ramesh observed that in 2016 the court had quashed disciplinary proceedings against one of the co-delinquent, V S Illangovan.
The judge noted that the order has also been confirmed in the appeal by this court in 2019.
“It is not in dispute that the charges levelled against Illangovan is similar to that of the petitioner arises out of the same occurrence. While the court had concluded the disciplinary proceeding against a co-delinquent on the ground of inordinate delay, this court is unable to take a different view in the case of the petitioner,” observed the judge. The judge cited that although the disciplinary proceeding initiated against the petitioner in 2007 is yet to conclude, it would not be appropriate to subject the petitioner to departmental proceedings after all these years.
Disciplinary proceeding was initiated against the petitioner as he had misused his official capacity and brutally attacked three people.
Disciplinary proceeding was initiated against four other co-delinquents in connection with the incident and a criminal case was also registered in 2014. Although the petitioner was entitled to be included in the promotion panel in 2012, the same was rejected on the ground that criminal proceeding was pending against him.
The criminal case against the petitioner was quashed in 2018. After the criminal case was quashed, the petitioner sought for promotion and the same was turned down though proceedings dated February 25, stating that he was not eligible for promotion as departmental proceeding is pending against him.
The judge observed that it was the submission of the additional government pleader that they have filed a review petition challenging the order passed in the appeal in 2019.
The judge noted that it is needless to point out that if the authorities concerned obtain a favourable order in the review petition, it is open to them to workout their remedies in accordance with law. Hence, the judge set aside the order dated February 25.
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