LAWS(MAD)-2002-3-186

THE INSPECTOR GENERAL OF POLICE,(LAW AND ORDER), CHENNAI, Vs. J. PANDURANGAN AND THE REGISTRAR,TAMIL NADU ADMINISTRATIVE TRIBUNAL,CHENNAI

Decided On March 12, 2002
The Inspector General Of Police,(Law And Order), Chennai, Appellant
V/S
J. Pandurangan And The Registrar,Tamil Nadu Administrative Tribunal,Chennai Respondents

JUDGEMENT

(1.) The order of removal which was passed by the State after holding an enquiry with reference to a Police Constable whose dereliction of duty had been established as an enquiry had been stayed by the Tribunal by way of interim order about eight days after the order of removal was made.

(2.) We fail to appreciate as to how the Tribunal could have made the order that it did. We have no clue as to what prompted the Tribunal to make such an order, as no reasons whatsoever have been set out.

(3.) Cases of removal and dismissal from service are not to be interfered with in so casual a manner, especially by an interim order. The very purpose of holding the enquiry and awarding punishment with a view to maintain discipline would be defeated, if the orders imposing penalties are so casually stayed by way of interim order by the Tribunal. The power vested in the Tribunal is a power which should be exercised to promote justice and to ensure fair treatment of the employees of the State. It is not a power which is to be used merely to override the acts of the administrators without first determining at least prima facie as to whether the action challenged is one which is according to law, or whether it suffers from any infirmity.