V SHANMUGAIAH Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The Petitioner was a Police Constable driver. The Petitioner was under the control of Inspector of Police, Motor Transport, Madurai. On 05.08.2000, the Inspector deputed him to go to Chennai by police vehicle (van) to bring question papers to Madurai for Police Constable Selection from the Uniformed Service Recruitment Board.

(2.) Accordingly, the Petitioner went to Chennai and collected the question papers and proceeded towards Madurai. Along with him, one Head Constable by name Jeyamani and another constable namely Mohamed Musthaba travelled in the vehicle. When the vehicle was coming near M. Pudaiyur in Cuddalore District, a cattle suddenly crossed the road. The Petitioner applied brake and took diversion and the vehicle was dragged on and dashed against the tree on the road side causing an accident. In the said accident, the vehicle was severely damaged and also the Police Constable, who was inside the vehicle, died. A criminal case was registered against him under Sections 279, 378 and 304(A) IPC. The learned Judicial Magistrate, Thittakudi acquitted him of all the charges.

(3.) However, the first Respondent issued a charge memo, dated 03.03.2001 under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Disciplinary and Appeal Rules) alleging that the Petitioner was rash and negligent in driving of the police vehicle and caused an accident, while he was returning on 05.08.2000 from Chennai to Madurai at about 03.00 p.m at M. Pudaiyur. The Police Constable Mr. Mohamed Musthaba, who travelled in the vehicle died on 02.09.2000 and the other Head Constable got severely injured. The vehicle also suffered damages and the Petitioner was responsible for the accident.