R RADHAKRISHNAN Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Challenging the impugned orders dated 07.08.2008 and 15.04.2009 passed by the respondents respectively, the present writ petition is filed and also for a direction to the respondents to reinstate the petitioner into service with all consequential service and monetary benefits.

(2.) The facts, which are necessary to decide the issue involved in the petition, are as follows: The petitioner had entered the service as Grade-II Police Constable in the District Armed Reserve, Nagapattinam District in the year 1988. Subsequently, during 1996, the Tamil Nadu Uniformed Service Recruitment Board conducted a selection for appointment to the post of Sub-Inspector of Police from among the Departmental candidates and the petitioner was selected and appointed as Sub-Inspector of Police and he joined duty on 01.03.1997 and he has no adverse remarks against him. In the said situation, when the petitioner was serving as Sub-Inspector of Police in the Control Room of the Nagapattinam Sub-Division from 10.07.2006, he was deputed for bandobust duty to the meeting of the Hon'ble Chief Minister, Thiruvarur District, scheduled to be held on 12.01.2007. While so, his close friend, by name, Bala @ Balamurugan, met him and requested him to lend his motorcycle, who in turn, handed over his motorcycle to the said Bala and requested him to hand over the motor cycle along with his cell phone and ATM card, which were in his possession to be handed over, in his residence as he apprehended that while performing the duty, he might likely to misplace the said belongings. But, instead of handing over the motor cycle and other articles, which were handed over to him by the petitioner, the said Bala @ Balamurugan had gone to his distance relative's house, namely, Pushpa @ Pushpavalli, around 20.00 hours and while he was talking to his sister, her husband Vijayendran, who had been imprisoned in connection with a prohibition offence, came there, shouted and picked up a quarrel with the said Bala and also beat his wife. The said Bala fled away from the scene, leaving the belongings of the petitioner in the house of Pushpa @ Pushpavalli. Thereafter, the said Vijayendran preferred a complaint as if the petitioner had visited his house during his absence.

(3.) On the basis of the said complaint, a preliminary enquiry was conducted by the Deputy Superintendent of Police, Nagapattinam Sub-Division for an allegation that the petitioner, instead of reporting to duty after bandobust duty at 20.00 Hours, visited the house of the wife of a bootlegger with a bad intention and when her husband came, escaped from the house, leaving the motor cycle and other articles. Thereafter, he submitted a report to take disciplinary action against the petitioner. Following the same, the petitioner was placed under suspension as per the orders dated 15.01.2007 and a charge memo under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal), Rules, 1955 in PR.No.2/2007 dated 23.03.2007 was served on the petitioner on 11.04.2007.