RADHAKRISHNAN POLICE CONSTABLE Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The Petitioner joined the service as Grade II Police Constable on 30.04.1981. Later he was promoted as Grade I Police Constable. While so, he applied for casual leave for 3 days from 06.02.2000. Thereafter, he applied medical leave from 07.02.2000 to 16.04.2000. The leave was sanctioned and he availed the same. He has to join the duty on 17.04.2000. But, he did not report for duty on 17.04.2000. Hence, the third Respondent issued a charge memo dated 19.06.2000 under Rule 3(b) of Tamil Nadu Police Subordinate Service Rules (Discipline & Appeal) Rules, 1955 (hereinafter referred as the Rules) alleging that the Petitioner was unauthorisedly absent from 17.04.2000. After holding an enquiry, the third Respondent passed an order dated 27.09.2000 imposing a punishment of reduction in pay by two stages for two years without cumulative effect. However, the Petitioner did not report duty even after the aforesaid order, dated 27.09.2000.

(2.) In these circumstances, the second Respondent, the appellate authority, issued a suomotu notice dated 09.02.2001 seeking to review the punishment order as the Petitioner did not report duty, even after the aforesaid punishment of reduction in pay by two stages without cumulative effect was imposed. The Petitioner did not send any reply. The appellate authority/the second Respondent, passed an order dated 11.04.2001 dismissing the Petitioner from service with effect from 17.04.2000.

(3.) The Petitioner filed mercy petition dated 21.07.2005 to the first Respondent. The first Respondent passed an order dated 09.10.2005 stating that he did not uphold the order of the second Respondent as he violated the Rules Provisions. But, the first Respondent held that on exercising his review power, he has chosen to modify the order of the second Respondent as removal from service. The Petitioner has filed the writ petition to quash the orders, dated 11.04.2001 of the second Respondent and dated 09.10.2005 of the first Respondent.