The Commissioner Of Police vs K.Srinivasan
2021 Latest Caselaw 11908 Mad

                                                               Review Application (MD)No.38 of 2018


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 17.06.2021

                                                     CORAM :

                               THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

                                                      AND

                                   THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                       Review Application(MD)No.38 of 2018

                                           in W.A.(MD) No.792 of 2017

                                         and C.M.P(MD) No.3082 of 2018


                     1.The Commissioner of Police,
                       Madurai City,
                       Madurai.

                     2.The Deputy Commissioner of Police,
                       Headquarters,
                       Madurai City.                   ...Review Petitioners / Appellants


                                                       Vs.

                     K.Srinivasan                        ... Respondent / Respondent

                     PRAYER : Review Petition filed under Order 47 Rule 1 & 2 read with
                     Section 114 of the Civil Procedure Code to review the order dated
                     22.06.2017 passed in W.A.(MD).No.792 of 2017 and allow this review
                     application.

                     1/4
https://www.mhc.tn.gov.in/judis/
                                                                 Review Application (MD)No.38 of 2018


                                    For Appellants        : Mr.A.K.Manickam
                                                            Standing counsel for Government

                                    For Respondent        : Mr.B.Saravanan

                                                     ORDER

(Order of the Court was made by T.S.SIVAGNANAM, J.)

This Review Application has been filed to review the

judgment passed in W.A.No.792 of 2017, dated 22.06.2017, filed by the

review applicant.

2.The said appeal was filed by the review applicant

Department, challenging the order passed in W.P(MD) No.8757 of 2014,

wherein, a prayer was sought for by the respondent to quash the order

passed by the second review applicant, dated 25.04.2014 and promote the

respondent to the post of Grade-I Police Constable.

3.The writ appeal filed by the review applicants, was

dismissed noting certain decisions, wherein, there was an observation

that a minor penalty, such as censure will not operate as a bar for being

considered for promotion to a higher post. This position is no longer

https://www.mhc.tn.gov.in/judis/ Review Application (MD)No.38 of 2018

good law and in terms of the provisions of the Tamil Nadu Government

Servants (Conditions of Service) Act, 2016, even for a minor penalty,

there is a check period prescribed and if a Government servant becomes

eligible for promotion during the said check period, his name will be

passed over. This position needs to be clarified in this review

application.

4. Accordingly, the review application is allowed and the

observation made in the judgment, dated 22.06.2017 is set aside and it is

ordered that as and when, the check period is over, the respondent shall

be considered for promotion, if he is otherwise found eligible.

5. With the above direction, the review application is

allowed. No costs. Consequently connected miscellaneous petition is

closed.

                                                           (T.S.S.J.,)        (S.A.I.J.,)
                                                                      17.06.2021
                     Index          : Yes / No
                     Internet       : Yes / No
                     rm

https://www.mhc.tn.gov.in/judis/ Review Application (MD)No.38 of 2018

T.S.SIVAGNANAM, J.

AND S.ANANTHI, J.

RM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

Review Application(MD)No.38 of 2018

17.06.2021

https://www.mhc.tn.gov.in/judis/