T. PANNEER SELVAM Vs. COMMANDANT, TSP, 14TH BATTALION

JUDGEMENT

(1.) The writ of Mandamus has been filed to forbear the 2nd respondent from proceeding with the Departmental Enquiry against the petitioner in PR.No.37/2017 dtd. 6/10/2017 vide "Ani Tha.Pa.No.37/2017" under Rule 3(b) of TNPSS (D&A) Rules 1955 without furnishing the true copies of Sentry Relieving Register Nos.02, 03, 05, 06, 07, 08, 09 and 12 as well as the In-Out Register of the 15th Battalion, Vellore District within time frame.

(2.) The petitioner states that the 2nd respondent is proceeding with the departmental disciplinary proceedings without furnishing the crucial documents to the writ petitioner. The allegation against the writ petitioner is that while he was working as Inspector of Police in TSP, 15 th Battalion, Vellore District, one Constable D.Thirumurthy (PC 1810) lodged a complaint with Vigilance and Anti-Corruption Department as if the petitioner demanded a sum of Rs.2,000.00 for sanctioning 10 days of Casual Leave. Two charges were framed against the writ petitioner, relating to demand of bribe from the Constables for sanctioning leave. Regarding the demand of bribe, a Criminal Case was registered against the writ petitioner under Sec. 7 of the Prevention of Corruption Act, 1988 and 13 (2) read with 13 (1) (D) of Prevention of Corruption Act, 1988.

(3.) The petitioner submitted a letter to the second respondent on 30/3/2018, seeking certain documents. The petitioner has further stated that the first respondent sent a letter to the second respondent on 24/3/2018, stating that the out registers are not available. The 2nd respondent in his letter dtd. 3/4/2018, has further stated that the documents sought for by the petitioner are not traceable. The Enquiry Officer issued notice to the writ petitioner to participate in the process of enquiry in vide letter dtd. 26/6/2018. Instead of participating in the enquiry proceedings, the petitioner has chosen to file the present writ petition, stating that the documents are to be produced and in the absence of those documents, he cannot participate in the enquiry proceedings.