Setting aside a single judge order,the Madras High Court today remitted back to authorities the matter on promotion of a Head Constable to Sub-Inspector for re-consideration of marks allocated to him in the Annual Confidential Report.
Allowing a writ appeal filed by one Kumaran, a Division Bench, comprising Justice N.Paul Vasanthakumar and Justice M.Sathyanarayanan, set aside the single judge's order rejecting his prayer to quash the DGP's order rejecting the promotion.
The bench said the petitioner was allotted the "Grade of Outstanding for which six marks have to be allotted where as only four marks were allotted. So the marks allotted to the petitioner in ACR are not correct."
The bench then remitted back the matter to the authorities for re-consideration and allotment of marks in ACR and further directed the authorities to give promotion to Kumaran if he is eligible with all consequential benefits within four weeks from the date of receipt of the order.
Challenging the DGP order rejecting his promotion, Kumaran, who joined as Grade II constable in 1988, filed a writ petition which was dismissed by the single judge following which he filed the present appeal.
In the appeal, he contended that even though he was given the outstanding performance grade in the ACR, the marks allocated by the board were low which prevented him from getting promoted to SI. Hence he prayed to quash the rejection order of DGP and sought to direct the authorities to appoint him as Sub-Inspector.
Kumaran was promoted as Head constable in 2000 and was due for promotion as SI. The cut-off marks fixed by the board were 60 per cent. Kumaran had obtained 59.5 per cent as per the reports in ACR.Hence the DGP rejected his promotion.
