Madras High Court Hears Intra-Court Appeals Against Order Setting Aside Police Transfers and Promotion. Appeals Challenge Single Judge's Order Allowing Writ Petitions That Set Aside Transfer of Appellant from Deputy Superintendent of Police (Category-2) to Category-1 and Subsequent Promotion.

High Court: Madras High Court Bench: Principal
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Case Note & Summary

The Madras High Court heard two intra-court appeals filed under Clause 15 of the Letters Patent challenging a common order dated 23.04.2024 passed in W.P. Nos. 22959 of 2018 and 24643 of 2021. The writ petitions had been allowed, setting aside the appellant's transfer from the post of Deputy Superintendent of Police (category-2) to Deputy Superintendent of Police (category-1) and the further promotion granted. The underlying dispute arose from a recruitment notification dated 01.01.1994 by the Tamil Nadu Uniformed Services Recruitment Board for direct recruitment of 500 Sub-Inspectors of Police (Men). While the recruitment was nearly complete, in-service candidates from the constable cadre approached the Tamil Nadu Administrative Tribunal in O.A. Nos. 1368 of 1994, seeking to participate in the selection. The tribunal disposed of the applications on 18.01.1995 without disturbing the original notification. The text of the judgment provided does not include the final decision of the appeals, the arguments of the parties, or the reasoning of the court.

Issue of Consideration

Whether the transfer of the appellant from Deputy Superintendent of Police (category-2) to Deputy Superintendent of Police (category-1) and the subsequent promotion were valid

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Case Details

2025 LawText (MAD) (03) 60

W.A. Nos. 1773 and 1774 of 2024 and C.M.P. Nos. 12701, 12704 & 20198 of 2024

2025-03-25

R. Subramanian, G. Arul Murugan

2025:MHC:771

Mr. S. Janarthanam for Mr. G. Mohana Krishnan (Appellant), Mr. Balan Haridas (for R1 & R2 in WA 1773), Mr. MA. Gouthaman & Mr. R. Krishna Kumar (for R3 in WA 1773), Mr. P. Kumaresan Additional Advocate General assisted by Mr. S. Yashwanth Additional Government Pleader (for R8 & R9 in WA 1773 and R2 & R3 in WA 1774), Mr. K. Venkataramani Senior Counsel for Mr. M. Muthappan (for R1 in WA 1774)

Muthu Manickam and G. Muthu Manickam

S. Prabakaran, A. Yakkoob, R. Kumaresan, M.E. Ramachandramoorthy, J. George Fernandez, R. Arnold Easter, V. Seetharaman, Government of Tamil Nadu represented by Additional Secretary Home (Police II) Department, Director General of Police, P. Stephen, Secretary to Government Home (Police II) Department

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Nature of Litigation

Intra-court appeals against a common order setting aside transfer and promotion orders of a police officer

Remedy Sought

Appellants sought to set aside the common order dated 23.04.2024 passed in W.P. Nos. 22959 of 2018 and 24643 of 2021, thereby restoring their transfer and promotion

Filing Reason

The single judge allowed writ petitions and set aside the transfer of the appellant from Deputy Superintendent of Police (category-2) to category-1 and the further promotion

Previous Decisions

Writ petitions allowed by single judge on 23.04.2024, setting aside the impugned transfer and promotion orders

Issues

Whether the transfer of the appellant from Deputy Superintendent of Police (category-2) to Deputy Superintendent of Police (category-1) and the subsequent promotion was valid

Judgment Excerpts

These two intra-court appeals are filed challenging the common order dated 23.04.2024 passed in W.P.Nos.22959 of 2018 and 24643 of 2021, whereby the impugned orders in the writ petitions transferring the appellant from Deputy Superintendent of Police (category-2) to Deputy Superintendent of Police (category-1) and the further promotion granted was set aside. Originally, the Tamil Nadu Uniformed Services Recruitment Board had issued notification on 01.01.1994 inviting applications for direct recruitment of 500 posts of Sub-Inspectors of Police (Men) in the Tamil Nadu Police Force.

Procedural History

Writ petitions (W.P. Nos. 22959 of 2018 and 24643 of 2021) were filed challenging transfer and promotion. By common order dated 23.04.2024, the single judge allowed the writ petitions and set aside the transfer and promotion. These intra-court appeals under Clause 15 of the Letters Patent are filed against that order.

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