INSPECTOR GENERAL OF POLICE Vs. HARIHARAN

JUDGEMENT

(1.) By the consent of the parties, the main writ petition itself is taken up for final disposal.

(2.) T.Hariharan, the first respondent herein was suspended by the order dated 17.6.2003 in view of the lapses committed by him while escorting the prisoner Mr.M.K.Alagiri to the Central Jail, Trichy by allowing one Mohan Kumar, Advocate to travel along with the prisoner. This order was challenged by the first respondent before the Tribunal in O.A.No.2671 of 2003. By the order dated 26.9.2003, the Tribunal quashed the suspension order and directed the authorities to reinstate him and transfer him to any other place so that enquiry may be conducted smoothly, mainly on the ground that despite lapse of three months from the date of suspension, the enquiry has not been completed. This is the subject matter of challenge in this writ petition filed by the State through the Inspector General of Police, South Zone, Madurai.2(a). We have heard the counsel for the parties.

(3.) The fact is that the first respondent was the Assistant Commissioner of Police (Law and Order) and he was suspended by the order dated 7.6.2003 for the alleged charge of misconduct in having allowed an advocate to travel along with the remand prisoner Mr.M.K.Alagiri in the police vehicle to Trichy. Though the charge memo was issued on 23.6.2003, the enquiry had not been commenced. Therefore, having waited for about two months expecting that the enquiry will be completed, the first respondent filed an application in O.A.No.2671 of 2003 on 6.8.2003 challenging the order of suspension since the enquiry had not been commenced. Ultimately, the Tribunal by the order dated 26.9.2003 quashed the suspension order and directed for reinstatement and transfer as referred to above.