P.NESAMANI Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner was a Grade II Police Constable working in Kannankurichi Police Station, Salem Town. He was issued with a charge sheet dated 19.3.2004 by the Deputy Commissioner of Police (Law and Order), Salem City under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules. The allegation against the petitioner was that on 25.1.2004 at about 6.30 p.m, the petitioner, on drunken mood, attempted to commit rape on one Tamil Selvi, daughter of Rengan.

(2.) THE petitioner did not submit any explanation. An enquiry was conducted by the Assistant Commissioner of Police, Prohibition and Enforcement Wing, Salem City. In the enquiry, Department examined 12 witnesses including the victim girl Tamil Selvi.

(3.) THE disciplinary authority, the second respondent herein, disagreed with the findings of the enquiry officer and issued a show cause notice dated 16.12.2005 as to why he could not come to a different conclusion that the charges were proved for the reasons given in the show cause notice. The petitioner gave his explanation to the aforesaid differed findings of the disciplinary authority, on 25.1.2006. Thereafter, the second respondent came to the conclusion that the charges were proved and imposed the punishment of postponement of increment for 3 years with cumulative effect vide order dated 10.4.2006. The petitioner filed a Review Application under Rule 15 -A of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules to the first respondent against the aforesaid punishment. The first respondent rejected his review by order dated 3.7.2008 and confirmed the order of imposition of penalty by the second respondent.