K RAVIKUMAR Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD Mr.K.Venkataramani, learned Senior Counsel appearing for Mr.T.Ayngaraprabhu, learned counsel for the petitioner and Ms.V.M.Velumani, learned Special Government Pleader appearing for respondents 1 to 3.

(2.) CHALLENGING the impugned orders passed by the respondents 1, 2 and 3 in PR No.54/PR(N)/(2)/2006 dated 24.07.2007, RC No.PRN(2)/appeal/54/2006 dated 25.09.2007 and RC No.175782/AP3(3)/2007 dated 12.05.2008, respectively, seeking to quash the same and for a direction to the respondents to reinstate him into service with all consequential service and monetary benefits, the petitioner has filed this writ petition.

(3.) RESPONDENTS have filed counter affidavit and has stated as follows: (i) The petitioner was enlisted as Grade II Police Constable on 11.06.1979. He worked as Grade I Police Constable (Law and Order) 3282 at H4 Korukkupet Police Station from 06.08.2004 to 24.01.2006. On 21.01.2006, he was deputed for Armed Reserve Guard duty and given duty passport for the same. Accordingly, he worked as Guard at Punjab National Bank at Mint from 21.01.2006. On 25.01.2006 at 13.45 hours, he should have come for guard duty there. But, he was continuously absent for duty for more than 21 days from 25.01.2006 without any leave or permission or any intimation to his superior officers at Korukkupet Police Station. Hence, he was treated as deserter with effect from 25.01.2006 as Per North Zone Office Order No.84/2006 dated 20.02.2006 in C.No.3(N)/256/3281/06 by the Deputy Commissioner of Police, Washermanpet District. In the desertion order, it was directed to report before the Deputy Commissioner of Police, Washermanpet District, within 60 days from the date of desertion, if he desires to be taken for duty and explain the reasons for his desertion. The petitioner received the desertion order on 24.02.2006. He appeared before the Deputy Commissioner of Police, Washermanpet District and represented to take him back for duty. He was taken back for duty on 16.03.2006 as per the orders of Deputy Commissioner of Police, Washermanpet District in North Zone Office Order No.128/2006 (C.No.3(N)/256/3281/06) dated 09.03.2006 and dealt with a charge memo dated 16.05.2006 under Rule 3(b) of TNPSS (D&A) Rules, 1955 for his in-disciplined conduct and neglect of duty by desertion w.e.f. 25.01.2006. An oral enquiry as laid down in P.S.O. 80 was held against him by the Assistant Commissioner of Police, Washermanpet. During the oral enquiry, two Prosecution witnesses were examined and 6 Prosecution Exhibits were filed. The Enquiry Officer drew a proved minute on 13.10.2006. Based on this, the Deputy Commissioner of Police, Washermanpet District, who was the punishing authority, awarded the punishment of "Removal from Service" in P.R.No.54/PRN(2)/2006 on 13.03.2007. The petitioner's appeal was rejected by the Joint Commissioner of Police, North Zone, Chennai Police in C.No.N(2)/Appeal/54/06 dated 25.09.2007 and his Mercy Petition to the Director General of Police, Tamil Nadu, Chennai - 4, dated 20.08.2007 was rejected in Proceedings C.No.175782/AP 3(3)/2007 dated 12.05.2008.