MRK UDHAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ petition is filed against the removal order dated 18.04.2006 passed by the then Superintendent of police Nagapattinam confirmed by Director General of Police and the Deputy Inspector General of Police Thanjaur Range in their orders dated 12.6.2008 and 02.04.2009 respectively to quash the same and to consequentially direct the Respondent to reinstate the Petitioner in service and other attendant benefits.

(2.) The Petitioner while in service as Grade-I police constable in Vellipalayam Police Station, Nagapattinam absented from duty for more than 21 days between 22.01.2005 to 11.02.2005 without any leave letter or permission and he was consequently declared as deserted and removed from service by the 1st Respondent in his proceedings dated 05.04.2006 and the same was received by the Petitioner on 13.04.2006. Aggrieved against which the Petitioner preferred an appeal to the 3rd Respondent and mercy petition filed to the Director General of Police and mercy petition was dismissed on 12.06.2008 and the appeal is also consequently rejected. The Petitioner has now come forward with this writ petition thereby challenging the removal order dated 18.04.2006 passed by the 1st Respondent.

(3.) According to the learned Counsel for the Petitioner the absence of the Petitioner for the period in question is not without applying for leave or without obtaining any permission and the leave letter sent by him was refused to be received by the Sub Inspector in-charge of the concerned Police station and the absence is also due to his serious ill health and the impugned order is also passed without considering the medical records and without considering the circumstances under which the Petitioner was absent from his duty. It is further contended by the learned Counsel for the Petitioner that the punishment of removal from service is also disproportionate to the misconduct alleged against the Petitioner.