R.VENKATACHALAM Vs. COMMANDANT TSP III BATTALION VEERAPURAM

JUDGEMENT

(1.) The punishment of reduction in pay by three stages for three years with cumulative effect imposed on the writ petitioner is under challenge in the present writ petition.

(2.) The writ petitioner was directly recruited as Sub-Inspector of Police and appointed on 2/6/1997. A charge memo under Rule 3(b) of the Tamil Nadu Police Subordinates Services (Discipline and Appeal) Rules was issued against the writ petitioner for an allegation of having illicit intimacy with Women Police Constable 17280 Pushpam and refused to marry her and got illegal abortion. The petitioner denied the charges and based on an oral enquiry, the Enquiry Officer held that the charges against the writ petitioner are held proved. The Disciplinary Authority imposed the punishment of reduction in time scale of pay by three stages for three years with cumulative effect in order dtd. 14/11/2002. The petitioner preferred an appeal before the Deputy Inspector General of Police (AP), Chennai / Appellate Authority and the said appeal was rejected on 15/7/2003. The petitioner preferred Review Petition before the Inspector General of Police (AP), Trichy on 28/10/2003, who did not considered any of the grounds raised by the writ petitioner on merits and rejected the Review Petition by an order dtd. 17/12/2003.

(3.) When the petitioner made a request to transfer him to Law and Order (L&O), the Director General of Police instituted suo moto review proceedings under Rule 15(A)(i)(2) of the Tamil Nadu Police Subordinates Services (Discipline and Appeal) Rules, holding that the punishment imposed on the writ petitioner is too lenient and does not commensurate with the nature of the delinquency and accordingly, the petitioner was asked to submit an explanation, why an enhanced punishment should not be imposed on him. The petitioner submitted a detailed explanation to drop all further actions, but the Director General of Police in his order dtd. 31/12/2005, imposed the penalty of dismissal from service on 31/12/2005. The petitioner preferred an appeal to the Government on 10/3/2006 and thereafter, approached the High Court by filing a writ petition in W.P.No.18683 of 2006, challenging the punishment orders on various grounds. The High Court directed the Government to dispose the appeal on merits and in accordance with law within a period of four weeks. Accordingly, the Government issued G.O.2D.No.650 Home (Pol.IX) Department dtd. 3/11/2006, dealt with the punishment imposed on the writ petitioner and allowed the appeal petition and restored the original punishment of reduction in pay by three stages for three years with cumulative effect. Thereafter, the petitioner was reinstated into service and the period of absence was regulated as leave on Loss of Pay. Subsequently, the petitioner was promoted as Inspector of Police on 24/9/2007, after the expiry of the punishment.