GURUMOORTHY Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This Writ Petition is heard through Video Conferencing on 13.07.2021.

(2.) Rule 2 of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 [hereinafter referred to as 'Rules'], prescribes various penalties which could be imposed upon the members of the Tamil Nadu Police Subordinate Services and an appeal against in all these penalties would lie before the Appellate Authority as per Rule 5.

(3.) The procedure for considering the appeal is provided under Rule 6 of the aforesaid Rules. As per Rule 6, the Appellate Authority is required to consider as to whether the facts on which the order of penalty was based have been established; whether such established facts afford sufficient grounds for taking action; and whether the penalty is excessive or adequate or inadequate. On consideration of the aforesaid three factors, the Appellate Authority is required to pass appropriate final orders in the appeal filed by the members of the Service. For the sake of convenience, Rule 6 is extracted hereunder:-