P SIDDESWARAN Vs. SUPERINTENDENT OF POLICE DHARMAPURI DISTRICT

JUDGEMENT

(1.) THE petitioner has filed the present writ petition challenging the order passed by the 1st respondent, in his proceedings No.784/2010 Rc.No.F1/302/23805/2010, dated 20.09.2010, whereby an order was made to recover a sum of Rs.40,000/- from his salary as compensation paid to the deceased family, on the ground that the petitioner was not issued with any notice before the impugned recovery order was passed.

(2.) THE petitioner suffered a departmental proceedings for having caused custodial death to a person, namely, Murugan, and as a result of the disciplinary proceedings initiated against the petitioner under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline & Appeal) Rules, 1955, the petitioner was imposed with a punishment of reduction in time scale of pay from Rs.10,440/- to Rs.9,540/- for three years with cumulative effect by order dated 13.07.2010. Aggrieved by the said order, the petitioner has preferred an appeal before the 2nd respondent, which is also pending now. Though the petitioner has challenged the impugned recovery order on the ground of violation of principles of natural justice for having not issued any prior notice, he has contended that even before his statutory appeal, which is filed before the 2nd respondent, is disposed of, the impugned order seeking to recover a sum of Rs.40,000/-, that too, without issuing any prior notice, is liable to set aside and on that basis, prayed for setting aside the impugned order.

(3.) IN that view of the matter, to meet the ends of justice, since the State Government has already paid a sum of Rs.1,00,000/- to the deceased family, I direct the respondents to treat the impugned order as show cause notice issued to the petitioner. Therefore, the petitioner is directed to give explanation to the impugned show cause with in a period of two weeks from the date of receipt of a copy of this order. After the receipt of the explanation from the petitioner, the respondents shall pass an appropriate order in accordance with law. Further, the respondents are directed to refund the entire amount, till day recovered from the petitioner, within a period of two weeks from the date of receipt of a copy of this order. Recovery, if any, can be made only after his appeal is disposed of.