S GNANASEKARAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner has come forward to challenge the charge memo framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules in PR No.33/2008, dated 22.8.2008 as well as the letter issued by the first respondent, Director General of Police, dated 18.2.2010.

(2.) IT is seen from the records that the petitioner was earlier working as an Inspector of Police, Mangalamedu in Perambalur District. He investigated crime No.916 of 1998 and filed a charge sheet before an appropriate court. The case relating to a murder of one Jayaraman and Kolanchinathan filed under Section 302 IPC. The case was ultimately tried against four accused in the Principal District Sessions Court at Perambalur as Sessions case No.52/2002. The petitioner was examined as P.W.12. Finally, the Sessions Court held that the case was not properly investigated and since they did not prove the case beyond reasonable doubt, the accused were acquitted.

(3.) THE petitioner was given a charge memo on 22.8.2008 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. THE charge against the petitioner was based upon the strictures passed by this court vide its judgment dated 18.4.2007 in Crl.R.C.No.1066 of 2007 as referred elsewhere. To the charge made in PR No.33/2008, the petitioner sent a reply dated 5.11.2008 and requested to drop the proceedings. THE Deputy Commissioner of Police (Headquarters), Chennai Suburban Commissionerate was appointed as an Enquiry Officer on the charge memo issued against the petitioner. THE said Enquiry Officer sent an enquiry notice, dated 20.11.2009 to the petitioner to appear for the enquiry on 25.11.2009.