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Judgment
P. Sathasivam, J.—Aggrieved by the order of the Tamil Nadu Administrative Tribunal dated 10.04.2002 made in O.A. No. 4809 of 1999,
in and by which the Tribunal has directed the Department to give accelerated promotion to the applicant from 22.04.1997, the Home Department
has filed the above writ petition.
The case of the first respondent herein is that, he was directly recruited as Sub-Inspector of Police in the year 1976 and in 1981 he became
Inspector of Police. He has been awarded 164 rewards and 16 meritorious entries and he was a Member of the Team constituted for
apprehending one Asaithambi on 31.07.1996. In that, he disguised himself as a Driver of a private vehicle, took one Suthakar Reddy with a box to
Asaithambi for the release of one Sudhir Reddy, who was held by Asaithambi for ransom. As soon as Asaithambi appeared, the applicant shot at
and killed him with three bullets, when the Gangsters of Asaithambi fired indiscriminately at him. For this, he was given Chief Minister''s medal.
However, according to the applicant, he was not awarded the accelerated promotion, as was given to the Deputy Superintendent of Police,
Inspector of Police and other officials. Hence, he approached the Tribunal by filing O.A. No. 4809 of 1999.
Before the Tribunal, though the Department filed a counter affidavit, there is no dispute about the gallantry action and the pivotal role played by the
applicant in the Team constituted for apprehending the notorious criminal Asaithambi and others. The Tribunal, after finding that it was he, who
showered three bullets and killed the notorious criminal Asaithambi near Loyola College in an encounter and it was recommended by the Deputy
Inspector General of Police, Chengleput Range on 16.08.1996 to the Director General of Police that his action alone resulted in the success of the
encounter and holding that he is entitled to such accelerated promotion as prayed for, issued direction for accelerated promotion in favour of the
applicant from 22 .04.1997. Questioning the said direction, the Home Department has filed the above writ petition.
Heard Mr. E. Sampathkumar, learned Government Advocate for the petitioners and Mr. R. Krishnamurthy, learned senior counsel for the first
respondent.
The only point for consideration in this writ petition is, whether the first respondent herein is entitled to accelerated promotion as claimed and the
Tribunal is justified in issuing positive direction, giving promotion to the first respondent from 22.04.1997?
There is no dispute that the first respondent herein was one among the several Police personnel, who took part in the encounter apprehending
the notorious criminal Asaithambi and others at Chennai. At the relevant period, he was working as Inspector. It is also not in dispute that the
entire Team was successful in its operation and the notorious criminals, including Asaithambi were killed in the said operation.
With regard to awarding ""accelerated promotion"" to specific guidelines in G.O.Ms. No. 468 Home (Pol.V) Department, dated 19.03.1996.
The guidelines issued by the Government in the said order are as follows:
(a) Accelerated promotion board with the following officers has to examine the cases requiring accelerated promotions.
(i) Secretary to Government, Home Department, Chennai: Chairman.
(ii) Secretary to Government, Public Department, Chennai - Member.
(iii) Secretary to Government, P & AR Department, Chennai - Member.
(iv) Director General of Police, Chennai - Member.
(v) Inspector General of Police, Intelligence, Chennai - Member.
(vi) Deputy Secretary / Joint Secretary / Special Secretary to Government, Home Department, Chennai - Secretary.
(b) The following cases may be considered for accelerated promotions:-
(i) Performance of high order and exceptional personal ability in achieving operation success at great risk to personal life.
(ii) Professional competency of a very high order in detecting sensational murder, dacoity, robbery and other such cases having ramification in
other parts of the country and its successful prosecution.
(iii) Securing first rank in scientific aids to investigation, computers, motor transport, revolver and rifle shooting.
(iv) Representing the country in international level meets.
(v) Securing Gold Medal in National/All India Police Meets.
(vi) Creating new National / All India Police Meet records.
(c) In any case, such police personnel must have a blemish-free record of service.
In the light of the above guidelines, let us consider the involvement of the first respondent and others in the incident that took place on
31.07.1996 at 4.00 p.m. The details regarding the said incident as described and narrated by the Department in the counter affidavit filed before
the Tamil Nadu Administrative Tribunal are relevant, which read as under.
It is submitted that soon after the incident, on the instructions of the Superintendent of Police, Thiru A.G. Pon. Manickavel, Deputy
Superintendent of Police without caring for injuries sustained by him in the encounter, taking Sudhakar Reddy with him rescued the captive Thiru
Sudhir Reddy safely and handed over him to his parent in the presence of Deputy Inspector General of Police, Chengai Range. In this encounter,
Thiru A.G. Pon. Manickavel, Deputy Superintendent of Police, Tvl. C. Ilango (herein the applicant), K. Mohan, Inspector of Police, Thiru. G.
Elango, Thiru. N. Thillai Natarajan, Sub-Inspectors, Thiru. Yagalingam, Sekar, Police Constables sustained injuries and got medical treatment.
Regarding this incident, on a special report of the Superintendent of Police, Chengai East, a special case in Cr. No. 1201/96- u/s 147, 148, 307 of
the IPC and u/s 25(i)(b), 27(f) Arms Act and u/s 3 of Explosives Act was registered in Nungambakkam Police Station. In this encounter, Thiru. C.
Ilango, Inspector (herein the applicant) drove the Maruthi Van in the guise of Driver of the private van, brought the complainant Sudhakar Reddy
with suit case full of cash to the place of occurrence (Loyola College entrance) and shot at Asaithambi the main accused, and got him established
,amidst shower of bullets fired by the criminals. A total of 21 rounds of various caliber were used in the encounter. The number and caliber of
rounds used by the officers against the assailants as under:-
------------------------------------------------------------------------
Name of Officer Caliber and Total No. of No. of Name of
Weapons rounds rounds rounds assailant
fired hit the went
assail unhurt
-ants
------------------------------------------------------------------------
C.K.Gandhirajan 380 Spl 2 2 -- Gopal
Superintendent
of Police
Pon.Manickavel, 9MM 5 4 1(hit the Mano @
Dy. Superintendent vehicle) Manoharan
of Police
C. Ilango, 9MM 3 3 --- Asai @
Inspector Asaithambi
(Petitioner)
E. Govindarajan 9MM 2 1 --- Asai @
Inspector Asaithambi
A.R. Commandoes AK 47 9 -- ---
Hit the Vehicle
--------------------------------------------------------------------------
The Superintendent of Police, Chengai (East) District sent a report dated 01.08.1996 to the Director General of Police, Chennai regarding this
encounter.
It is submitted that the Deputy Inspector General of Police, Chengai Range in his letter No. 11959/A2/Camp/96 dated:16.8.1998 which was
forwarded through the Collector, Chengalpattu District, while furnishing the details of this encounter, recommended award of Gallantry medals
and/or accelerated promotion to the police officers and men who showed exemplary courage and valor in the above encounter as detailed below:-
-------------------------------------------------------------------------------
S. No. Name and Designation Kind of Reward (s) Recommended
-------------------------------------------------------------------------------
1 A.G. Pon. Manickavel Accelerated promotion as Additional
Deputy Superintendent of Police Superintendent of Police and Chief
Poonamallee, Sub-Division. Minister''s Medal for gallantry.
C. Ilango Accelerated promotion as Deputy
Inspector of Police Superintendent of Police and Chief
Poonamallee Police Station. Minister''s Medal for gallantry.
E. Govindarajan Accelerated promotion as Deputy
Inspector of Police Superintendent of Police and Chief
Peerkankaranai Police Station. Minister''s Medal for gallantry.
K. Mohan Accelerated promotion as Deputy
Inspector of Police Superintendent of Police and Chief
Sholavaram Police Station. Minister''s Medal for gallantry.
Yugalingam (U.G. Gr.I) Accelerated promotion as Gr.I PC on
PC 1902 Regular basis.
Valasarawalkam Police Station.
J.R. Robson Accelerated promotion as Deputy
Addl. Superintendent of Police Commissioner of Police, Armed Reserve.
Chengai East District.
N. Selvin Accelerated promotion
Deputy Superintendent of Police as Additional Superintendent
District Crime Record Bureau of Police.
Chengai East District.
M. Jesurathinam Accelerated promotion
Deputy Superintendent as Additional Superintendent
of Police Ambathur. of Police.
Perumal Accelerated promotion as Inspector.
Sub-Inspector of Police
Poonamallee Police Station.
G. Elango Accelerated promotion as Inspector.
Sub-Inspector of Police
Poonamallee Police Station.
Thillai Natarajan Accelerated promotion as Inspector.
Sub-Inspector of Police
Ambattur Police Station.
Sukumaran Accelerated promotion as Sub-Inspector
H.C. Manali Police Station. of Police.
Sekar (Gr.II PC 784) Accelerated promotion as Gr.I PC
Peerkankaranai Police Station.
Mohanaraj, Gr.II PC 2611 Accelerated promotion as Gr.I PC
Peerkankaranai Police Station.
Rajkumar, Gr.II PC 942 Accelerated promotion as Gr.I PC
Manali Police Station.
Nandakumar, Gr.II PC 2288 Accelerated promotion as Gr.I PC
Gummudipoodi Police Station.
Madhavan, Gr.II PC Accelerated promotion as Gr.I PC
Kavankarai Police Station
Jagadeesan, Gr.II PC 2139 Accelerated promotion as Gr.I PC
Minjur Police Station
Addul Munaf A.R.Gr.II PC 3031 Transfer from AR wing
CH(E) District to Taluk Police on
accelerated basis.
Senthilkumar, AR Gr.II PC Transfer from AR wing to
116 CH (E) District. Taluk Police on accelerated basis.
Venkatesan, AR Gr.II PC 2127 Transfer from AR wing to
CH (E) District. Taluk Police on accelerated basis.
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The Collector, Chengalpattu District, while forwarding the above letter of the Deputy Inspector General of Police, Chengai Range stated in his
letter No. (No.50/96 District Collector) dated:17.08.1996 that the police party under the leadership of the Superintendent of Police, Chengai East
District encountered notorious criminal gangsters in front of the Loyola College, Chennai on 31.07.1996 when the gangsters attacked the police
party with indiscriminate firing with their revolvers, petrol bombs etc., Tvl. A.G. Pon Manickavel, Deputy Superintendent of Police,
E.Govindarajan and C. Ilango, Inspectors, boldly faced the challenge, returned firing with their revolvers and shot dead the gangster ''Mano and
Asaithambi'' to save Thiru. Sudhakar Reddy the complainant and for their self-defence and that the above Police Officers might be awarded Chief
Minister''s Medal gallantry and also recommended the proposal of the Deputy Inspector General of Police, Chengai Range in this regard.
Though recommendation was made by the Deputy Inspector General of Police, Chengai range to several persons including the first respondent
herein for accelerated promotion as Deputy Superintendent of Police and Chief Minister''s medal for gallantry, the Director General of Police, after
examining the said proposal, recommended the award of Chief Minister''s medal for gallantry to the following officers, who took part in the
encounter and showed exemplary courage in getting the notorious gangsters destablished.
Thiruvalargal
A.G. Pon Manickavel, Deputy Superintendent of Police,
N. Selvin, Deputy Superintendent of Police,
M. Jesurathinam, Deputy Superintendent of Police.
J.R. Robson, Additional Superintendent of Police.
C. Ilango, Inspector of Police.
E. Govindarajan, Inspector of Police.
K. Mohan, Inspector of Police.
In respect of other police personnel in the rank of Sub-Inspectors down to Grade II Police Constables who showed their mettle in the above said
encounter, except the following three Armed Reserve Grade II Police Constables, it was decided to recommend them for accelerated promotion
to the one stage higher post.
A.R. Grade II PC 3031 Abdul Munaf.
A.R. Grade II PC 116 Senthilkumar.
A.R. Grade II PC 2127 Venkatesan.
It is further seen that, at the meeting held on 26.02.1997, the Board for accelerated promotion, considered and recommended accelerated
promotion to eight police personnel only. The Government accepted the said recommendation of the Board and issued orders in G.O.Ms. No.
575 Home (Pol. III) Department, dated 22.04.1997, giving accelerated promotion to the following eight personnel on regular basis, relaxing the
relevant Rules in their favour. They are,
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S.No. Name and Present Rank Rank to which accelerated
Promotion granted.
---------------------------------------------------------------------
Thiruvalargal Inspector of Police.
Perumal, Sub-Inspector
of Police
Thillai Natarajan Inspector of Police
Sukumaran, Head Constable Sub-Inspector of Police
Yugalingam, PC 1902 Gr.I. Police Constable
Sekar, Gr.II. PC 784 Gr.I. Police Constable
Mohanraj, PC 2611 Gr.I. Police Constable
Nandakumar, PC 2288 Gr.I. Police Constable
Madhavan, PC 880 Gr.I. Police Constable
---------------------------------------------------------------------
The Government also ordered that the following three Armed Reserve Police Constables who had also displayed courage and heroism in the
encounter should be transferred from Armed Reserve to Local Police:
Thiru. Abdul Munef - Grade II AR PC 3031
Thiru. Senthilkumar - Grade II AR PC 116
Thiru. Venkatesan - Grade II AR PC 2127.
The Government in G.O.Ms. No. 1329, Home (SC) Department, dated 1 2.09.1996 issued orders awarding Chief Minister''s Police Medal for
gallantry to the following Officers:-
Thiruvalargal:-
A.G. Pon. Manickvel, Deputy Superintendent of Police.
E. Govindarajan, Inspector of Police.
C. Ilango, Inspector of Police.
K. Mohan, Inspector of Police.
J.R. Robson, Additional Superintendent of Police.
N. Selvin, Deputy Superintendent of Police.
M. Josurathinam, Deputy Superintendent of Police.
Further, it was ordered that they would become eligible to draw a monthly allowance of Rs. 100/- with effect from 31.07.1996 (i.e.) the date of
their heroic deed.
The above particulars show that though the first respondent / applicant was recommended for accelerated promotion as well as Chief
Minister''s medal for gallantry by the Deputy Inspector General of Police, the Director General of Police has not recommended him for accelerated
promotion, but he was granted only Chief Minister''s Police medal gallantry. When the petitioner made a representation for accelerated promotion,
the same was rejected by the Government by its letter dated 09.03.1998.
Mr. R. Krishnamurthy, learned senior counsel for the first respondent has pointed out that among the police personnel involved, it was the first
respondent herein/C. Ilango, Inspector, Poonamallee, who shot at the notorious criminal, viz., Asai @ Asaithambi. He relied on the following
informations from the letter of G.K. Kandhirajan, IPS, Superintendent of Police, Chengalpet District, addressed to the Director General of Police,
Madras-2. The following details have been pressed in to service by the learned senior counsel.
A total of 21 Rounds of various caliber were used in the encounter on 31.07.96 at 04.00 P.M. in front of the Loyola College entrance.
The number and calibre of rounds used by the officers against assailant are furnished below:-
-------------------------------------------------------------------
Name of the Officer Caliber Total No. of No. of Name of
and Rounds Rounds Rounds assailant
Weapons fired hit the went
assail unhurt
-ant
--------------------------------------------------------------------
C.K. Gandhirajan 380Spl. 2 2 - Gopal
,IPS
Supdt. Of Police.
Ponmanicavel 9 m.m. 5 4 1 Mano @
Manoharan
Elangao 9 m.m. 3 3 Asai @
Asaithambi
Govindaraj 9 m.m. 2 1 -do-
AR Commandos AK 471 9 Hit the vehicle
----------------------------------------------------------------------
The above information shows that it was the first respondent, who used 9 m.m. weapon and fired three rounds and the name of the assailant was
Asai @ Asaithambi - notorious criminal.
Apart from the above information, the learned senior counsel has brought to our notice the statement made by the then Hon''ble Chief Minister
relating to the said incident on the floor of Assembly, which reads as under.
(Vernacular portion deleted)
By drawing out attention to the above statement of the then Hon''ble Chief Minister, learned senior counsel would submit that among the
Officers, the role of the first respondent herein was commendable and the Government ought to have accepted the recommendation of the Deputy
Inspector General of Police, Chengleput Range and awarded accelerated promotion to the first respondent along with eight persons, including one
Sub-Inspector of Police.
We are conscious of the fact that no one can demand or dictate the Government to give promotion out of turn, viz., accelerated promotion,
gallantry awards, i.e., Chief Minister''s medal, etc., It purely lies with the discretion of the Government and depends on the role and performance of
the person concerned. Inasmuch as the Government had granted accelerated promotion to some of the personnel in the Team and also awarded
Chief Minister''s Police medal in view of the involvement and performance of C. Ilango, Inspector, Poonamallee, the first respondent herein, we
are of the view that he has made out a case for out of turn promotion, viz., accelerated promotion from 22.04.1997. However, it is for the
Government to consider with reference to the relevant materials. We are of the view that the Tribunal is not justified in issuing positive direction to
the Government to give accelerated promotion to the first respondent herein / applicant therein. As said earlier, in a matter like this, the discretion
lies with the Government. In view of the fact that in the letter dated 09.03.1998, the Government has not assigned any reason for not granting
accelerated promotion to the first respondent.
While disagreeing with the positive direction issued by the Tribunal, we remit the matter to the Government for passing fresh orders. It is made
clear that in view of all the details placed before us, the first respondent has made out a prima facie case for the consideration for accelerated
promotion from 22.04.1997 and it is for the Government to pass appropriate orders in one way or the other. The first petitioner / Home
Department is directed to pass orders afresh within a period of three months from the date of receipt of copy of this order. The writ petition is
ordered accordingly. No costs.