GUNASEKARAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) BY mutual consent of both the learned counsel for the petitioner and the learned Additional Government Pleader, the main writ petition is taken up for final disposal.

(2.) THE challenge in this writ petition is to the charge memo in PR.No.301/T.P.2[2]/2003 dated 11.08.2003 issued by the 2nd respondent.

(3.) MR. V. Arun, the learned Additional Government Pleader would submit that there is illegality or infirmity in the impugned charge memo. It is contended the Motor Accidents Claims Tribunal in MACTOP.No.4078/1999 has given a specific finding in its order dated 23.08.2002 to the effect that the petitioner was rash and negligent in driving the two wheeler. It is further contended that only pursuant to the specific finding given by the Tribunal, the impugned charge memo dated 11.03.2003 was issued to the petitioner. Therefore, it is contended that the impugned charge memo is not liable to be quashed and no ground is made out by the petitioner warranting interference of this court.