LAWS(MAD)-2014-1-292

B. ADHINARAYANAN Vs. THE SUPERINTENDENT OF POLICE

Decided On January 29, 2014
B. Adhinarayanan Appellant
V/S
The Superintendent Of Police Respondents

JUDGEMENT

(1.) THIS writ appeal has been filed as against the order dated 27.07.2010 passed in W.P. (MD) No. 8335 of 2009, wherein the petitioner has sought for a Writ of Certiorarified Mandamus to call for the records relating to the charge memo in P.R. No. 150 of 2001 on the file of the respondent and quash the same.

(2.) THE appellant/delinquent was charged for the offences punishable under Sections 498 -A and 307 I.P.C., for causing harassment to his wife and attempting to murder her. On this charge, he was proceeded in S.C. No. 313 of 2007 on the file of the Assistant Principal Sessions Judge, Madurai, besides the departmental proceedings were also initiated for his conduct unbecoming of a police officer and a charge memo was issued on 06.12.2001. With a plea not to proceed with the departmental action, the appellant/delinquent approached the Tamil Nadu Administrative Tribunal and the proceedings were kept in abeyance till the disposal of the criminal case. The said criminal case ended in conviction on 13.12.2007 before the trial Court, against which the appellant/delinquent preferred an appeal in C.A. No. 146 of 2007 before the Additional District and Principal Judge, (Fast Track Court No. 1), Madurai, and in the said appeal, he was acquitted of the charges levelled against him.

(3.) THE learned Single Judge of this Court dismissed the writ petition on 27.07.2010, holding that the departmental proceedings need not be quashed merely on the acquittal by the criminal Court as the standard of proof required for holding a person guilty by a criminal Court is quite different from that of the disciplinary proceedings by the Department. The learned Single Judge accepted the principle that strict burden of proof to establish in a criminal Court is not required in a disciplinary proceedings and preponderance of probabilities is sufficient.