T ATHIMUTHU Vs. SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT

JUDGEMENT

(1.) THE petitioner was who employed as a Grade I Police Constable, has filed the present writ petition challenging an order of the first respondent, dated 2.8.2009 and confirmed by the order of the second respondent, dated 25.9.2009 as well as the order of the third respondent, dated 10.9.2010 and seeks to set aside the same.

(2.) WHEN the matter came up on 6.12.2010, notice was given. On notice from this court, the first respondent has filed a counter affidavit, dated 18.2.2011. By the impugned order, the petitioner was imposed with penalty of reduction in time scale of pay by three stages for three years. The charge against the petitioner was that while the petitioner was in Senkottai Police Station, the petitioner was directed by the Inspector of Police to go along with an Head Constable Subramanian to Velayuthapuram in Ambasamudram and trace out one Sheila, Wife of Balan, who was issued summons in connection with investigation in Senkottai police station Crime No.398/2008 under Section 394 IPC and while she was kept in All Women Police Station, Tenkasi, she had left the station without any intimation. The petitioner along with the Head Constable, after reaching the house of Sheila, found that woman in her house and informed the Inspector of Police over phone about locating her. Thereafter, the Inspector of Police and other police personnel went to the house of Sheila and took her to All Women Police Station for an interrogation.

(3.) CONSIDERING the fact that proper enquiry was held and the authorities had appreciated the evidence and found the petitioner guilty and let him off with minor penalty, this court is not inclined to interfere with the same. The petitioner's misconduct is really shocking especially coming from the person belonging to police force. When charges were established in a proper enquiry and after appreciation of evidence and finding him guilty, the minor punishment was issued. This Court sitting under Article 226 of the Constitution of India is not expected to interfere with such penalty.