T SAKTHIVEL Vs. SUPERINTENDENT OF POLICE COIMBATORE DISTRICT

JUDGEMENT

(1.) THIS Writ Petition has been filed to call for the records of the 1st respondent in connection with the order passed in J1/PR/59/99 dt.15.11.99 and quash the same and direct the 1st respondent to reinstate the applicant into service with all consequential service and monetary benefits.

(2.) THE petitioner was appointed as Grade II Police Constable in the District Armed Reserve, Coimbatore District by an order dated 25.05.1998. After appointment, the petitioner was serving as Driver Police Constable in the District Armed Reserve, Coimbatore District. THE petitioner went on casual leave for four days from 20.11.98. THEre was also two days holiday permission. He was to report duty on 26.11.98 but he did not report to duty on that date. Though he states that he did not report to duty since he fell ill, the real reason was that a criminal case was registered on 19.09.98 against him in Crime No.227 of 1998 on the file of the Karamadai Police Station for the offences under Section 392 of IPC. THE petitioner avoided arrest and therefore he did not report to duty. He also approached this Court seeking Anticipatory Bail and this Court rejected his application on 01.02.1999. THErefore, he surrendered before the Judicial Magistrate, Coimbatore on 29.06.1999. He was later granted bail by this Court on 20.08.1999 with a condition that he should reside at Salem and report before the Salem Town Police Station every Monday and Wednesday. THE above said condition was relaxed by this Court on 11.11.1999.

(3.) THE respondents filed reply affidavit repudiating the allegations. It is alleged that on the basis of complaint of one Venkatachalam, a case in Karamadai Police Station in Crime No.227 of 1998 was registered under Section 392 of IPC against the petitioner and three others. THE complaint was that, on 19.09.1998, the petitioner alongwith three others committed the offence of robbery of Rs.1,31,000/- from the said Venkatachalam who travelled in a jeep near Mettupalayam " Annur Road. It is also averred that the petitioner absented from duty from 26.11.1998 without leave or permission and that on completion of 21 days absence, he was treated as deserter with effect from 26.11.1998, as per the order dated 29.11.1998. THE petitioner was dealt with under Rule 3 (b) of TNPSS (D&A) Rules in PR No.59/1998 for two count of charges.