Judgment :- 1. The petitioner was appointed as a Grade II Constable on 25.10.1984. He was promoted as Grade I Constable on 01.07.1994 and further promoted as Head Constable on 25.07.2000. On completion of ten years of service as Head Constable, he should have been upgraded as Special Sub-Inspector of Police with effect from 01.08.2010. 2. The petitioner was imposed with the punishment of Reduction in Pay by three stages for three years with cumulative effect by an order dated 20.11.2010. 3. In view of the pendency of disciplinary proceedings which led to the imposition of punishment, he was not granted upgradation with effect from 01.08.2010. 4. The petitioner filed an appeal against the aforesaid punishment order dated 20.11.2010. The appeal was partly allowed by an order dated 30.04.2011 and the punishment was modified as "Blackmark deferred for six months". 5. The petitioner made a representation dated 19.12.2011 to grant him upgradation as Special Sub-Inspector of Police with effect from 01.08.2010. According to the petitioner, as per Standing Order 97 of the Tamil Nadu Police Standing Orders, the deferred punishment will be cancelled, if the delinquent officer has not come across any other adverse remark or punishment during the deferred period. 6. The representation of the petitioner was rejected by the third respondent by an order dated 23.01.2012. The petitioner has filed this writ petition, seeking to quash the order dated 23.01.2012 of the third respondent and for a direction to promote him as Special Sub-Inspector of Police with effect from 01.08.2010. 7. The learned Special Government Pleader has produced draft counter refuting the allegations made by the petitioner. 8. Heard both sides. 9. The learned counsel for the petitioner has placed reliance on PSO 97 of the Tamil Nadu Police Standing Orders and the same is reiterated in Paragraph 3(iv) of the affidavit filed in support of the writ petition. The learned counsel also relied on a Government Order in G.O.(D)No.117 Home (Police -3) Department, dated 08.02.2010, wherein, in the case of one Govindasamy, Head Constable, the punishment of Deferred Black Mark for 3 months imposed on him was cancelled since he did not come to adverse notice during the deferment period. 10. On the other hand, the learned Special Government Pleader has sought to sustain the impugned order based on the draft counter produced before this Court. 11. 10. On the other hand, the learned Special Government Pleader has sought to sustain the impugned order based on the draft counter produced before this Court. 11. I have considered the submissions made by the learned counsel on either side. 12. PSO 97 of the Tamil Nadu Police Standing Orders may be usefully extracted here under:- "PSO 97. Deferred Punishments.- (1) For minor offences and in case of more serious misconduct when a man has a previous good record, the punishment may be held in abeyance for a stated period ranging from three to six months at the end of which order of punishment will be cancelled, if the officers conduct while on duty during the period of postponement has been good. If the offenders conduct is found to be unsatisfactory at any time during the period of punishment, the punishment may at once be confirmed. A deferred punishment will be entered in the defaulter sheet if confirmed but not other wise." 13. The said Standing Order makes it clear that punishment of black mark would get cancelled if the concerned Police Officer does not come to adverse remarks during the period of 'Deferred Black Mark'. 14. According to the petitioner, he did not come to any adverse notice for six months after the Appellate Order dated 30.04.2011 was passed. Hence Deferred Black Mark should be deemed to have been cancelled as per Standing Order 97 of the Tamil Nadu Police Standing Orders. The petitioner has categorically pleaded in paragraph 3(iv) of the affidavit and the same is extracted here under :-"3 (iv) The petitioner submits that, as per PSO 97 the deferred punishment shall be erased from the service record if the delinquent officer has not come across any other adverse remark or punishment during the deferment period. In the present case, the original punishment was imposed on 20.11.2002 and the same was modified as deferred Black Mark for 6 months on 30.04.2011. The above punishment is the only disciplinary proceedings against the petitioner and he has not been subjected to any other disciplinary proceedings or punishments throughout his service. Therefore, in view of PSO 97, the punishment of deferred Black Mark for 6 months is cancelled, as the petitioner has not been subjected to any other punishment." 15. The above punishment is the only disciplinary proceedings against the petitioner and he has not been subjected to any other disciplinary proceedings or punishments throughout his service. Therefore, in view of PSO 97, the punishment of deferred Black Mark for 6 months is cancelled, as the petitioner has not been subjected to any other punishment." 15. As rightly contended by the learned counsel for the petitioner, by G.O.(D)No.117 Home (Police -3) Department, dated 08.02.2010, the punishment of Deferred Black Mark for 3 months imposed on Govindasamy, Head Constable was cancelled since he did not come to adverse notice during the deferment period. The relevant passage from G.O(D)No.117 in this regard is extracted hereunder:-"... Thiru.Govindasamy, Head Constable 1365 was not considered because of Deferred Balck Mark for 6 months awarded in No.14/H2/2008, dated 31.05.2008 and it was currency. On appeal the deferred Black Mark for six months was modified into that of Deferred Black Mark for 3 Months by the Superintendent of Police, Salem District and the same was cancelled by the Superintendent of Police, Salem District on 09.03.2009 since he was not come to adverse notice during the deferment period." 16. In the light of the above, I am of the view that the impugned order dated 23.01.2012 is liable to be quashed. Accordingly, the same is quashed and the second respondent is directed to upgrade the petitioner as Special Sub-Inspector of Police with effect from 01.08.2010 and grant all consequential service and monetary benefits, within a period of 12 weeks from the date of receipt of a copy of this order. No costs.