P A MANICKAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This is an appeal against the order of Padmanabhan, J. dismissing the writ petition filed by the appellant herein to quash the order in G.O.Ms. No. 2751, Home Department, dt. 13-10-1977 and to reinstate the appellant herein in service.

(2.) The appellant originally served in the Indian Army during World War II for about five years and was discharged in the year 1946. Later he was recruited as a Sub-Inspector of Police in the Tamil Nadu State Police Service and he joined duty on 1-3-1950. After promotion as Inspector, he was again promoted as Deputy Superintendent of Police on 30-9-1974. During the period between 1-3- 1950 and 30-9-1974 he had earned 219 rewards and three meritorious service entries. In 1971, he was also awarded the Tamil Nadu Chief Minister's Police Medal for outstanding service.

(3.) While the appellant was working as Deputy Superintendent of Police, Kancheepuram, by G.O.Ms. No. 962 Home dt. 31-3-1977 in exercise of the power under R. 17 (e) of the Tamil Nadu Civil Services (Classification, Control and Appeal) Rules the Government placed the appellant under suspension from service pending an enquiry into certain charges of misconduct. The appellant was served with a charge memo on 12-8-1977 and he was called upon to submit his explanation within seven days of the receipt of that order. On 18-8-1977, the appellant sent a letter to the Government denying the charges and setting out certain broad facts which in his opinion will show that the charges are baseless and requesting the Government to revoke the order of suspension without waiting for the completion of the enquiry, if any, to be commenced. By G.O. Ms. No. 2748 Home Department dt. 12-10-1977 the Government revoked the order of suspension and directed that he be restored to duty forthwith pending disposal of the disciplinary action initiated against him, with a further direction that the question as to how to treat the period of suspension be taken up at the time of the disposal of the disciplinary proceedings pending against him. This order was forwarded by the Inspector-General of Police on 13-10-1977 to the Commissioner of Police who in turn informed the petitioner on 14-10- 1977 to come and collect the order. While forwarding a copy of this Government order, the Inspector-General of Police informed the appellant that on release from suspension he is posted as Assistant Commissioner of Police, Triplicane Range, Madras and that he shall assume charge forthwith from the Assistant Commissioner of Police (Prohibition) Madras who was holding additional charge of Triplicane Range. He was also intimated over the Phone on 14-10-1977 to collect the order of the Government and that of the Inspector-General of Police from the Office of the Commissioner of Police. Accordingly, the appellant went to the Office of the Commissioner of Police and got those orders and as directed, he assumed charge as Assistant Commissioner of Police, Triplicane Range on the afternoon of 14-10-1977. Within a few minutes of his assuming charge he was served with another order of the Government in G.O.Ms. No. 2751 Home dt, 13-10-1977 which reads as follows: