P KOTHANDARAMAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The present Writ Petition came to be transferred from Tamil Nadu Administrative Tribunal, wherein the petitioner had filed the Original Application in O.A.No.6720 of 1999, the challenge was made by the petitioner, in the present Writ Petition is against the order of punishment passed by the 1st respondent namely, the punishment of postponement of increment for three years without cumulative effect.

(2.) The brief facts of case as filed in O.A.No.6720 of 1999 which stood transferred to this Court is as follows:-

(3.) Mr.B.K.Srinivasan, learned counsel appearing for the petitioner submits that the petitioner had put in 36 years of service in the Police Department and he being a senior most Inspector of Police in the District has all along discharged meritorious performance throughout his 36 years of service. Therefore, the observation made by the learned Sessions Judge at Nagapattinam holding that the petitioner was responsible for the acquittal of the accused in the criminal case should not be made against the petitioner. Further, in his submission it was also pleaded that the disciplinary authority, without furnishing a copy of the Enquiry Officer's Report and even without obtaining further representation from the petitioner, straightway agreed with the findings of the Enquiry Officer and, therefore, the imposition of punishment of postponement of increment for three years without cumulative effect is nothing but violation of principles of natural justice. On that basis he prayed for setting aside the impugned order and allow the Writ Petition.