DEPUTY INSPECTOR GENERAL OF POLICE Vs. G PANDIAN

JUDGEMENT

(1.) Leave granted.

(2.) The respondent is a Sub-Inspector of Police in the State of Tamil Nadu. On 28/4/1993, he was working at the Devala Police Station. It is alleged that a car (No. KLW 2105, which was case property and under police custody, was taken away by the respondent without permission. A case was registered in this behalf. When the car was checked it was found that various parts thereof were either missing or replaced. A preliminary inquiry was conducted. A complaint was filed and on 11/5/1993, the respondent was placed under suspension. On 7/7/1993, the respondent moved the Tamil Nadu Administrative tribunal (in OA No. 4119 of 1993 which, by its order of the same date, stayed the suspension order till 21/7/19933.

(3.) On 11-7-1993, the respondent was arrested at Vellore. The parts allegedly missing from the car were seized from him. Also seized was another car, bearing No. TN 43-7082 allegedly belonging to one Selvakumar of Kolacombai. In respect thereof a criminal case was registered against the respondent and he was detained in custody on 21/7/1993. The detention in custody continued until 8/8/1993, when the respondent was granted bail. In the meantime, on 4/8/1993, the respondent was suspended from service. The respondent moved the Tamil Nadu Administrative tribunal and challenged the second suspension order. The tribunal, by the impugned order dated 1/7/19944, set aside the same and directed the appellant to reinstate the respondent in service from the date on which he was enlarged from custody.