R PREMKUMAR Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner joined service as Grade II Police Constable on 15.04.1997 in Tuticorin District. While he was working in Maniyachi Police Station, he was implicated as A9 in a criminal case in crime No.127 of 2008 under Sections 147, 148 and 302 I.P.C. on the file of Srivaikuntam police station. He was placed under suspension, by an order dated 19.07.2008. Subsequently, a charge memo dated 18.08.2008, under rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 in P.R.No.58 of 2008, was issued making certain allegations. Six allegations were made in the said charge memo. One of the charges was that he involved in the criminal case and he conspired to murder one Suyambu on 26.04.2008. Enquiry Officer was appointed to enquire into the allegations in P.R.No.58 of 2008. He was issued a memo dated 23.09.2008 by the Deputy Superintendent of Police, Kovilpatti, to appear for enquiry on 29.09.2008 before him, in relation to P.R.No.58 of 2008. He did not appear in the enquiry. Hence, the Superintendent of Police, Tuticorin issued proceedings dated 24.10.2008 treating him as deserter from 29.09.2008 for 21 days, as per P.S.O.90(3)(b).

(2.) THEREAFTER, a charge memo in P.R.No.93 of 2008 dated 31.10.2008 was issued under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955. The allegations made therein is that the petitioner was unauthorisedly absent from 29.09.2008 for 21 days and he became a deserter.

(3.) IT is stated that due opportunity was given to the petitioner and he did not participate in the enquiry. Witnesses were examined and documents were marked and enquiry officer gave his report holding that the charges were proved. After hearing the petitioner on the findings, the impugned order was passed, dismissing the petitioner from service. The appellate authority has confirmed the same by the order dated 17.06.2009. The respondent sought for dismissal of the writ petition.