N SRINIVASAN Vs. SUPERINTENDENT OF POLICE TRICHY

JUDGEMENT

(1.) The Original Application in O.A.No.7769 of 1999 before the Tamil Nadu Administrative Tribunal is the present writ petition.

(2.) The petitioner joined the Police Services as Grade-II Police Constable in the year 1981. He received 71 rewards for his efficient service and he had never been subjected to any punishment. He belongs to Pudukottai. One Mr.Devaraj, who was a teacher in the Municipal School at Pudukottai, was a friend to the petitioner. Mr.Devaraj was also belongs to Pudukottai. The petitioner got married to one Police Constable by name Kalaiselvi. Tmt.Josphin Rajakumari is a teacher in the Primary/Middle School at Pudukottai and was the wife of Mr.Devaraj. Mr.Devaraj lodged a complaint dated 15.05.1998 that the petitioner was in illicit intimacy with his wife from 1992. Mr.Devaraj resided with his wife and children at Gandhi Nagar, 2nd Street from January 1998. When Mr.Devaraj wanted to shift the house, his wife refused to go along with him. Mr.Devaraj shifted his residence to Periyar Nagar. Tmt.Josphin Rajakumari was alone at Gandhinagar. She vacated the Gandhinagar house on 10.05.1998 and the petitioner helped Tmt.Josphin Rajakumari in vacating the house by taking the house-hold articles in a mini lorry. Based on this complaint, the respondent directed the Deputy Superintendent of Police, Pudukottai, to conduct a preliminary enquiry. The Deputy Superintendent of Police recorded statements from seven persons and submitted his report on 17.11.1998. However, the report of Deputy Superintendent of Police was not furnished to the petitioner and the same was not relied on at any time. The respondent directed the Additional Superintendent of Police, Pudukottai to re-enquire the matter and to submit a report. The Additional Superintendent of Police did not re-enquire the witnesses examined by the Deputy Superintendent of Police, but he gave a report based on the statements recorded by Deputy Superintendent of Police. His report is dated 28.02.1999 and he also recommended to take disciplinary action. In his report, he found that the petitioner had illicit intimacy with Tmt.Josphin Rajakumari, wife of Mr.Devaraj.

(3.) Based on the report of the Additional District Superintendent of Police, the respondent issued a charge memo dated 22.06.1999 in P.R.No.65/99 under Rule 3(b) of the Tamil Nadu Police Subordinate Service (D&A) Rules. The following allegations were made:-