C.KANAGARAJ Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner as well as the respondents 1 and 2 in both the writ petitions are one and the same and the issue involved in both the writ petitions are also interconnected, as the W.P. No. 16090/2010 was filed challenging the order of inflicting punishment upon the petitioner and W.P. No. 15151/2010 was filed for a direction to include the name of the petitioner in the promotion panel to the post of Additional Superintendent of Police and as such, both the writ petitions have been taken up together for final hearing and for passing this common order. W.P. No. 16090/2010 is filed by the petitioner challenging the order dated 03.12.2008 passed by the first respondent imposing the punishment of stoppage of increment for a period of one year without cumulative effect, with a prayer to quash the same.

(2.) The case of the petitioner is that he was recruited as Sub-Inspector of Police in the year 1976 and promoted as Inspector of Police and worked in the said position from 19.08.1989 to 16.05.1992. The petitioner was having unblemished record of service. While the petitioner was working in CBCID, Nilgris Unit, he was served with a charge memo dated 10.05.1993 under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules [hereinafter referred to as 'Rules'] by the fourth respondent/Disciplinary Authority with the following charges: 1. Reprehensible conduct in having brought one Karuthapandi (26/91) S/o. Samiappa Thevar, Ward No. 11, Melagudalur Pudur from his father-in-law's house at Cumbam Police Station on 21-02-1991 at about 17.00 hours with the Assistance of Grade I Police Constable, 440 Murali Narayanan and Grade I Police Constables 393 Gopalakrishnan and kept him in illegal detention at Cumbam Police Station for two days.

(3.) Pursuant to the issue of charge memo, the petitioner also submitted his explanation. An enquiry was conducted and the Enquiry Officer held that the first charge has been proved and the second charge has not been proved, as per the enquiry report submitted in the year 1994. However, the Disciplinary Authority, namely, the fourth respondent awarded the punishment through its order dated 21.02.2002 awarding the punishment of postponement of increment for a period of one year with cumulative effect for the proven charges. The petitioner challenged the said order by preferring an appeal before the Appellate Authority, namely, the third respondent herein and the Appellate Authority by its order dated 12.06.2002 allowed the appeal preferred by the petitioner by setting aside the award of punishment passed by the Disciplinary Authority holding that there is no evidence available on record to prove the charges levelled against the delinquent officer, namely, the petitioner herein. Thereafter, the petitioner was promoted as Deputy Superintendent of Police on 08-08-2003 and as Assistant Commissioner of Police, Golden Rock Range, Trichy City and thereafter served as Deputy Superintendent of Police, Economic Offence Wing II in Nagercoil, Kanyakumari District.