P SWAMINATHAN Vs. OFFICER COMMANDING D 2 SIGNAL

JUDGEMENT

(1.) The second respondent by an order of removal dated 11.12.1997, removed the petitioner from service as Head Constable of Radio Operator, alleging that he had committed an act of misconduct punishable under Section 11(1) of the Central Reserve Police Force Act, 1949 for having removed two official radio communications bearing registration Nos.3697, dated 23.10.1996 and No.1841, dated 12.12.1996 from the Signal Centre records of the Government without prior permission from the competent authority, which was later recovered from the possession of the petitioner on 23.12.1996.

(2.) Concededly, both the said official radio communications are relating to the case of the petitioner. The first radio communication dated 23.10.1996 is related to his medical leave and the second radio communication dated 12.12.1996 is related to his transfer from Avadi to Assam. Even in his earliest representation dated 1.7.1997, submitted pursuant to the memorandum of charges dated 5.5.1997 framing charges against the petitioner, the petitioner fairly admitted that he took the copies of the said communication for the purpose of challenging the transfer order dated 12.12.1996 before this Court in W.P.No.18789 of 1996. The said W.P.No.18789 of 1996 was admitted by this Court on 13.12.1996 and interim injunction was also granted in W.M.P.No.26343 of 1996 restraining the respondents from transferring the petitioner from Avadi to Assam. It was only thereafter the respondents had initiated action against the petitioner by memorandum dated 5.5.1997, referred to above, which ultimately culminated into the order of removal from service dated 11.12.1997 impugned in W.P.No.18675 of 1997.

(3.) Mr.M.Md.Ibrahim Ali, learned counsel appearing for the petitioner submits that in spite of the order of interim injunction dated 13.12.1996 granted in W.M.P.No.26343 of 1996 in W.P.No.18789 of 1996, the petitioner could not continue in service in view of the order of removal dated 11.12.1997, which was made mala fide for having filed the above W.P.No.18789 of 1996.