Madras High Court
WP/40010/2002 of THE DEPUTY INSPECTOR GENERAL Vs K.K.JAFIARULLAKHAN, on 23 December 2003
COURT OF JUDICATURE AT MADRAS Dated: 23/12/2003 Coram The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23/12/2003
Coram
The Honourable Mr.Justice A.S.VENKATACHALAMOORTHYandThe Honourable Mr.Justice C.NAGAPPANWrit Petition NO.40010 of 2002andW.P.M.P.No.59473 of 20021. 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 Constitutionof India, praying this Court to issue a writ of Certiorari as stated therein.
For Petitioners : Mr.S.T.S.Moorthy,Spl.Govt.Pleader
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:O R D E R
(Order of the Court was made by A.S.VENKATACHALAMOORTHY, J.)
The first respondent herein approached the Tribunal by filingO.A.No.853 of 2001 praying the Tribunal to call for the records on the file ofthe second petitioner herein in his proceedings Nos.A1/17043/2000 D.No.1410/2000 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 thefirst respondent to the post of Sub Inspector of Police from 16.2.1999, thedate on which the first respondent's junior was promoted as Sub Inspector ofPolice with all consequential and monetary and service benefits.2. The Tribunal by an order dated 2.2.200 1 passed thefollowing order, "Notice of motion returnable by two weeks. Private notice permitted.
The petitioner may be sent for training. However he should not make a claimfor appointment or promotion on the basis of this training."
3. The petitioners, being aggrieved by the said order, filedthe above writ petition i.e, virtually after two years after the Tribunalpassed the order.
4. On 30.10.2002 , a Division Bench of this Court admittedthe 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 Tribunalto dispose of the original application preferably within a period of fourmonths from the date of receipt of copy of this order. Till the disposal ofthe original application, the interim order passed by the Tribunal on 2.2.2001shall 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