S RAJAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order dated 20.3.2002 passed by the first respondent confirmed by the second respondent by order dated 17.4.2002.

(2.) THE case of the petitioner, who was a Head Constable, is that he entered into service as Police Constable in the District Armed Reserve, Vellore on 8.8.1984. He was transferred to Law and Order wing in the year 1997 and while he was serving as a Police Constable in Vaniyambadi Police Station on 7.8.1997, he took medical leave. According to the petitioner, he has been falsely implicated in a criminal case in Crime No.227 of 2001 under sections 294 (b) and 354 IPC based on the complaint preferred by one Chinnathai, W/o. Samundi Gounder alleging that the petitioner attempted to misbehave with her. THE said incident was alleged to have been taken place near Vaniyambadi Police Station. According to the petitioner, he was not available in the said place at that time.

(3.) ON the basis of the complaint lodged by the said lady before the Sub Inspector of Police, Law and order, Vaniyambadi on 3.4.2001, a criminal case was registered and the petitioner was arrested on the same day and he was remanded to judicial custody and thereafter 3(b) charge was framed in P.R.38 of 2001. The Deputy Superintendent of Police, Ambur was appointed as Enquiry Officer, who conducted the enquiry and held the charges as proved. The said findings given by the enquiry officer was accepted by the disciplinary authority and the petitioner was removed from service by an order dated 20.3.2002. Against the said punishment of removal from service, the petitioner preferred an appeal before the second respondent which was also rejected on 17.4.2004 by a speaking order.