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2015 DIGILAW 1698 (MAD)

D. Rajendran v. Director General of Police, Chennai

2015-03-30

V.M.VELUMANI

body2015
JUDGMENT : 1. This Writ Petition has been filed to quash the impugned order in Na.Ka.No.A3/14109/2011, dated 03.12.2011, issued by the fourth respondent and further direct the fourth respondent to grant increment dues to the petitioner from the date of promotion, dated 01.05.2001 as Head Constable, as per modified punishment in Na.Ka.No.F1/PR No.06/2000, dated 22.03.2011 and grant such further other reliefs. 2. The petitioner joined in the police service as a Constable on 23.12.1985 in Nilgiri District. On his confirmation, he was transferred to Railway Police and placed at Nagercoil. Now, he is working as Special Sub-Inspector of Police at Tirunelveli. On 30.05.1999, he was suspended from service for his involvement in a criminal case and for his unauthorised absence from duty. He was proceeded with domestic enquiry. The punishment of stoppage of increment for two years without cumulative effect was imposed. By suo motu Revision, the revisional authority enhanced the punishment into dismissal from service on 16.12.2000. Subsequently, as per orders of this Court, the case of the petitioner was re-considered and punishment was modified into that of stoppage of increment for one year without cumulative effect. 3. The petitioner was acquitted in the criminal case. He filed an appeal beyond the time limit. The said appeal was treated as Mercy Petition and punishment of stoppage of increment for one year was modified to that of Black Mark by the second respondent vide proceedings in Na.Ka.No.220840/AP.IV(2)/2010, dated 07.03.2011. Based on the said order, the fourth respondent vide proceedings in Na.Ka.No.F1/PR No.06/2000, dated 22.03.2011, informed the petitioner about the modification of punishment. Further, the fourth respondent has ordered payment of increment payable to the petitioner. The fourth respondent also stated that arrears would be obtained and paid to the petitioner. The petitioner made a representation for payment of monetary benefits. The fourth respondent by the impugned order, 03.12.2011, rejected the request of the petitioner for payment of monetary benefits. Therefore, the petitioner has filed the present writ petition for the relief stated supra. 4. The respondents filed counter affidavit stating that the punishment imposed on the petitioner was finally modified to that of Black Mark. The respondents filed an appeal beyond the time limit. Therefore, the appeal was treated as Mercy Petition and punishment imposed was modified to that of Black Mark. The monetary benefits will be given with retrospective effect only if punishment is modified in appeal or revision. The respondents filed an appeal beyond the time limit. Therefore, the appeal was treated as Mercy Petition and punishment imposed was modified to that of Black Mark. The monetary benefits will be given with retrospective effect only if punishment is modified in appeal or revision. In the petitioner's case, the punishment was modified in his Mercy Petition. Therefore, he is not entitled to any monetary benefit with retrospective effect and prayed for dismissal of the writ petition. 5. I have heard the learned counsel appearing for the parties and perused the materials on record. 6. The contention of the respondents that the petitioner's punishment was modified only in the Mercy Petition and therefore, he is not entitled to any monetary benefits, is untenable. The fourth respondent vide proceedings in Na.Ka.No.F1/PR No.06/2000, dated 22.03.2011, stated that the punishment of stoppage of increment for one year was cancelled and modified as punishment of Black Mark. In the same order, the fourth respondent has ordered the increment and arrears would be paid to the petitioner. In view of the said order, it is not open to the fourth respondent to deny the arrears of the monetary benefits to the petitioner. 7. In the result, the impugned order of the fourth respondent, dated 03.12.2011, is set aside. The Writ Petition is allowed directing the fourth respondent to pay monetary benefits to the petitioner, which he is entitled to on cancellation of punishment of stoppage of increment for one year without cumulative effect, within a period of four weeks from the date of receipt of a copy of this order. No costs.