SURESH KUMAR Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner was employed as Grade II Police Constable (Armed Reserve) at Nilgiris District. He filed O.A.No.8539 of 2000 before the Tamil Nadu Administrative Tribunal, seeking to set aside the order dated 07.09.1999 in PR.No.43/99 as well as the order dated 27.11.1989.

(2.) THE Tribunal admitted the Original Application on 04.02.2000 and granted interim stay. Subsequently, the interim stay came to be extended without specifying any outer time limit by a further order dated 21.12.2000.

(3.) THE case of the petitioner was that he joined the service as a direct recruit in the year 1994. After undergoing training for two years, he was transferred to District Armed Reserve, Udhagamandalam during May 1998. While he was serving in TSP IV Battalion, Kovai Pudur, on 28.09.1996, he was incharge of guard duty of the Police Recruit School. One Inspector of Police by name Raju working in the company had personal animosity against the petitioner. THE petitioner, though he was alert in his duty, the Inspector of Police came to the spot and with the assistance of another Constable attempted to remove the firing weapon from the person of the petitioner and tried to prepare a report, which led to a wordy quarrel between the petitioner and the Inspector, following which a charge memo was issued to him. Subsequently, based on his report, a punishment of stay in the camp for 5 days was imposed on the petitioner and a second charge memo was also given to him. THE petitioner was directed to appear for an enquiry before DIG of Police, Trichy. Due to his ill health, he could not travel from Udhagamandalam to Trichy. A further charge memo was issued. THE charge memo dated 30.04.1997 was issued under Rule 3A of the TNPSS (D & A) Rules. THE petitioner gave his explanation on 14.05.1997.