RAJENDRAN Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner entered into service as Grade - II Police Constable in Chennai City Armed Reserve in the year 1984. Later, he was upgraded as Head Constable in the year 1987. While so, a criminal case was lodged against the petitioner in Crime No.789/2002 on the file of City Crime Branch, Chennai, alleging that he collected a sum of Rs.75,000/- from three persons namely M.Sarathi, Srikanth and Nagabooshanam assuring them to get appointment as Police Constable in the Police Department. THEreafter, the Department issued a charge memo dated 11.02.2002 in P.R.No.204/2002 under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules 1955 (shortly "the Rules") on the same set of allegations.

(2.) THE petitioner filed Original Application in O.A.No.170 of 2003 before the Tamil Nadu Administrative Tribunal praying to quash the charge memo dated 11.12.2002. THE Tribunal, passed an order on 13.01.2003 refusing to quash the charge memo. However, the Tribunal observed that till the criminal case is over, the Department shall not proceed with the departmental proceedings.

(3.) THEREAFTER, the petitioner made a representation dated 15.06.2009 to the respondents to drop the disciplinary proceedings in P.R.No.204/2002, since he was acquitted by the Criminal Court on 01.08.2005 on the same set of allegations.