IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23/12/2003
Coram
The Honourable Mr.Justice A.S.VENKATACHALAMOORTHY
and
The Honourable Mr.Justice C.NAGAPPAN
Writ Petition NO.40010 of 2002
and
W.P.M.P.No.59473 of 2002
1. The Deputy Inspector General of Police,
Chengalpattu (Range) Chennai P 16.
2. Superintendent of Police,
Kancheepuram District, Kancheepuram .. Petitioners
-Vs-
1. K.K. Jaffarullakhan
2. The Registrar,
Tamil Nadu Administrative Tribunal,
Chennai P 104. ... Respondents
The above writ petitions are filed under Article 226 of Constitution
of India, praying this Court to issue a writ of Certiorari as stated therein.
For Petitioners : Mr.S.T.S.Moorthy,
Spl.Govt.Pleader
:O R D E R
(Order of the Court was made by A.S.VENKATACHALAMOORTHY, J.)
The first respondent herein approached the Tribunal by filing
O.A.No.853 of 2001 praying the Tribunal to call for the records on the file of
the second petitioner herein in his proceedings Nos.A1/17043/2000 D.No.1410/20
00 and C.No.A1/17043/2000 both dated 28.12.2000 and quash the same as illegal,
arbitrary, unreasonable, being violative of Article 14 and 16 of the
Constitution of India and directing the petitioners herein to promote the
first respondent to the post of Sub Inspector of Police from 16.2.1999, the
date on which the first respondent’s junior was promoted as Sub Inspector of
Police with all consequential and monetary and service benefits.
2. The Tribunal by an order dated 2.2.200 1 passed the
following order,
“Notice of motion returnable by two weeks. Private notice permitted.
The petitioner may be sent for training. However he should not make a claim
for appointment or promotion on the basis of this training.”
3. The petitioners, being aggrieved by the said order, filed
the above writ petition i.e, virtually after two years after the Tribunal
passed the order.
4. On 30.10.2002 , a Division Bench of this Court admitted
the writ petition and ordered notice to the respondents. Or in other words,
the order of the Tribunal dated 2.2.2001 continues to be in force even today.
5. In the facts and circumstances of the case, this Court is
of the view that the ends of justice would be met by requesting the Tribunal
to dispose of the original application preferably within a period of four
months from the date of receipt of copy of this order. Till the disposal of
the original application, the interim order passed by the Tribunal on 2.2.2001
shall continue to be in force.
6. The writ petition is disposed of with the above direction.
No costs. Connected W.P. M.P.No.59473 of 2002 is closed.
vr
To
1. The Registrar, Tamil Nadu Administrative
