P SABESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant herein entered service as Sub-Inspector of police on 1-12-1962. He was later promoted as Deputy Inspector of Police on 3. 2. 1974. On 14. 3. 74 a charge memo was issued to him relating to certain delinquencies between 16-9-1971 and 6-2-1972, while the appellant was sub-Inspector of Police at Manapparai. After receipt of a written explanation. the first oral enquiry was started on 30-4-1974 by one L. R. Nagaswami, Deputy Superintendent of Police. A supplemental charge memo was issued on 6. 6. 1974. While the enquiry was proceeding, the appellant was promoted as Inspector of Police on 5. 8. 1974. THE oral enquiry, which was originally undertaken by L. R. Nagaswamy, was continued by one Thirumalai Nambi Deputy Superintendent of Police, Manapparai and that was continued till September 1975, when the enquiry was concluded. THE minutes were drawn up by one L. R. Natarajan, Deputy Superintendent of Police. Manapparai, who did not conduct an oral enquiry at any stage. Based on the said minutes , - the appellant was issued a show cause notice by the D. I. G. Tirunel-veli on 12th July, 1976. THE appellant made his representations to the effect that the D. S. P. , who held the enquiry, did not draw up the minutes and therefore the entire disciplinary proceedings stood vitiated. This objection was upheld and the Inspector General of Police ordered Tirumalai Nambi to draw up a fresh minutes, who completed the enquiry. In pursuance of the said direction, Tirumalai Nambi drew up a fresh minutes on 28. 3. 1977. It was an exact reproduction of the earlier one drawn by l. R. Natarajan. Based on the said minutes dated 28. 3. 1977, a show cause notice was issued and the appellant made his representations on 18-4-1977. THEreafter d. I. G. (Food Cell), who is the disciplinary authority, passed final orders on 19-5-1977 enonerating the appellant of the charges framed against him. THEreafter on 25-9-1977 a show cause notice under rule 15-A of the Police subordinate Service (Discipline and Appeals) Rules, was issued by the second respondent herein to show cause why he should not be dismissed from service. THE appellant sought a copy of the rules and the detailed order passed by the D. I. G. exonerating him from the charges levelled against him. THE appellant was supplied with the copy of the rules as well as the order of D. I. G. on 7. 12. 1977. At this stage, the appellant filed a Writ petition No. 236 of 1978 seeking a writ of prohibition restraining the second respondent from passing an order under rule 15-A referred to above. THE said writ petition came to be dismissed by Mohan, J. and the present writ appeal is filed questioning the correctness of the order of Mohan, J.

(2.) IN this writ appeal, Mr. V. P. Raman, the learned counsel for the appellant has raised very many contentions. But we feel it unnecessary to deal with all the contentions raised by him.