LAWS(MAD)-2022-11-237

B. PARIMALA Vs. DIRECTOR GENERAL OF POLICE, MYLAPORE

Decided On November 28, 2022
B. Parimala Appellant
V/S
DIRECTOR GENERAL OF POLICE, MYLAPORE Respondents

JUDGEMENT

(1.) The punishment of dismissal from service imposed on the writ petitioner and confirmed by the Appellate Authority are under challenge in the present writ petition.

(2.) The petitioner states that her husband Mr.Baskaran entered into Police Service as Grade-II Police Constable on 26/12/1985 and promoted to the post of Grade-I Police Constable in the year 1995. He was further promoted as Head Constable in the year 2000 and upgraded as Special SubInspector of Police. When the husband of the writ petitioner was holding the post of Special Sub-Inspector of Police at Needamangalam Police Station, he was issued with a charge memo based on the complaint of one Mrs.Bajaria, alleging that, "on 28/4/2012, the husband of the petitioner threatened the said complainant Mrs.Bajaria and her daughter Nisha by knocking the door of their house at midnight and misbehaved with them in an uncivilized manner."

(3.) The husband of the writ petitioner submitted his explanations, denying the charges. Not satisfied with the explanation, an Enquiry officer was appointed, who in turn, conducted the enquiry and submitted a report on 26/10/2012. Based on the findings of the Enquiry officer, a second show cause notice was issued, providing opportunity to the charged official to submit his further objections on the findings of the Enquiry officer. Further explanation was submitted by the charged official and thereafter, final order was passed, imposing the punishment of dismissal from service. The petitioner preferred an appeal to the 2nd respondent / DIG of Police, Tanjore Range on 22/3/2013, which was rejected. Thereafter, the petitioner preferred a Mercy Petition to the first respondent on 5/12/2013. During the pendency of the Mercy Petition, the husband of the writ petitioner met with an accident and died on 13/5/2014 and thus, the petitioner is constrained to file the present writ petition, challenging the order of punishment imposed on her husband.