A R RAMESH Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The writ petition is directed against the order of the 2nd respondent, dated 27.10.2005, by which the petitioner, who was a police constable and working in the Armed Reserve Force at Chennai and consequently transferred to Karur, was dismissed from service and it was confirmed by the appellate authority, namely the 1st respondent, under the order dated 17.09.2007.

(2.) The petitioner was placed under suspension on 03.05.2005 and on the same date a charge memo was issued against him, which is to the effect that he, having married one Kavitha and during the life time of his wife, had illegal intimacy with one Indira, wife of one Ulaganathan and thereby caused disrespect to the Police Department. After the explanation was submitted by the petitioner to the charges, the Deputy Superintendent of Police (PEW), Karur, was appointed as the enquiry officer, who, after conducting an elaborate enquiry, has submitted a report on 06.09.2005, copy of which was served to the petitioner, for which the petitioner has submitted his explanation on 02.10.2005. Thereafter, the 2nd respondent has passed the impugned order of dismissal, which was confirmed by the 1st respondent in the appeal preferred by the petitioner.

(3.) In the enquiry, before the enquiry officer, it is seen that on the side of the department five witnesses were examined, out of whom the 1st witness happened to be the wife of the petitioner by name Kavitha, who has stated that the petitioner, namely her husband, had illegal intimacy with one Indira during the subsistence of the marriage between them. More startling point is that the husband of the said Indira, who is said to have intimacy with the petitioner, namely Ulaganathan, has himself given evidence before the enquiry officer as P.W.4 wherein he has categorically stated that he noted some changes in his wife's behaviour and after finding out some photographs when he insisted his wife she fairly admitted her illegal intimacy with the petitioner. As it is seen in the enquiry officer's report, it shows that the said Indira having admitted her illegal intimacy with the petitioner has even threatened her husband Ulaganathan that if the said fact is revealed to others she will commit suicide and it was in those circumstances the said Ulaganathan kept quiet for some time.