S MUTHURAMALINGAM Vs. PRINCIPAL SECRETARY

JUDGEMENT

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

(2.) The petitioner, while serving as Head Constable in Thalaiyuthu Police Station, Tirunelveli, was proceeded with departmentally, along with three others, namely, Balamurugan, Rajagopal and Balakrishnan, in connection with the selling of pirated CDs. After enquiry, the 4th respondent passed final orders on 12.01.2010 imposing the punishment of reduction in time scale of pay by three stages for three years which shall operate to postpone future increment in respect of Balamurugan and in respect of the petitioner and two others, punishment of reduction in time scale of pay by three stages for three years which shall not operate to postpone their future increment was imposed. As against the said order, the petitioner preferred an appeal to the 3rd respondent. The 3rd respondent rejected the appeal by order dated 19.04.2010, as against which, the petitioner preferred a review petition to the 2nd respondent.

(3.) In the meantime, the learned Judicial Magistrate III, Tirunelveli, acquitted the accused in C.C. No. 188 of 2009 relating to the selling of pirated CDs, by judgment dated 07.12.2010. The petitioner and the others were not accused in the said criminal case though disciplinary proceedings initiated related to selling of pirated CDs.