STATE OF TAMIL NADU Vs. N. BASKARAN

JUDGEMENT

(1.) This Writ Appeal has been preferred by the appellants against the order of the learned Single Judge, who upon hearing the learned counsel appearing for the parties was pleased to set aside the Government Order, passed in G.O.(2D)No.319, Home (SC) Department, dated 03.11.2017, by which, the earlier order passed for compulsory retirement was modified into withholding of increment for a period of three years with cumulative effect.

(2.) While the respondent herein was working as Inspector of Police, charges have been framed against him. Charge No.1 is with respect to detaining the accused persons under illegal custody from 25.01.1998 to 31.01.1998 at Ramanathapuram Bazaar Police Station, followed by torture, recording of the confession statement and wrongly implicating them in Crime No.61 of 1997, for the offences under Sections 376, 302 and 201 I.P.C. Charge No.2 is with respect to detention of one S.Ramachandran, S/o.Srinivasan, from 25.01.1998 to 05.02.1998 and thereafter, tortured and compelled him to disclose the facts of the above said case, in which, the said S.Ramachandran was in no way connected.

(3.) Aggrieved over the order of compulsory retirement passed in G.O. (2D)No.19, Home (SC) Department, dated 22.01.2015, the respondent sought for review on the premise that the other Officer, by name, P.Kannappan, against whom also, charges have been framed, got himself exonerated from the said charges.