B RAMANI Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner has come forward to file the present writ petition, seeking to challenge the order of the first respondent dated 29.04.2004, confirming the order of the second respondent dated 20.05.2002 and after setting aside the same seek for reinstatement in the Central Reserve Police Force as a G.D.Constable with continuity of service and monetary benefits.

(3.) IT was only after the issuance of the termination order, the Superintendent of Police, Cuddalore based on the report of Inspector of Police, Reddichavadi Police Station sent a report on 29.05.2002 stating that the case registered against the petitioner was false and he was not involved in any criminal case. Since the report received from the District Collector, Cuddalore and the Superintendent were varying, the matter was once again sent for verification by the Civil authorities. As per the fresh report received from the Superintendent of Police, Cuddalore vide letter dated 27.02.2004 through District Collector, it was found that a case was registered against the petitioner and he was cited as accused No.3 and 5. Subsequently, the sections were altered and the investigation was taken by the Inspector of Police. After completion of the investigation, the C.D. File was sent to the opinion of the Public Prosecutor. The Prosecutor gave opinion omitting Section 307 IPC against six accused including the petitioner and no other sessions case has been made out. The Inspector of Police subsequently prepared a charge sheet giving up the name of the petitioner. But the charge sheet was not sent to the Judicial Magistrate, Cuddalore by the present Inspector of Police. IT was returned by the Judicial Magistrate Court with a remark asking explanation for omitting the name of the petitioner from the charge sheet, which was against the opinion of the District Director of Prosecution. The report of the Superintendent which was sent subsequently shows that the criminal case is pending against the petitioner.