DEPUTY INSPECTOR GENERAL OF POLICE Vs. A JEYAPAUL

JUDGEMENT

(1.) THE Deputy Inspector General of Police, Madurai Range, Madurai, aggrieved by the order of the Tamil Nadu Administrative Tribunal, dated 27. 11. 2001 made in O. A. no. 5739 of 2000, has filed this writ petition at this juncture.

(2.) THE first respondent herein, viz. , A. Jeyapaul, along with one J. Johnpeter, Head Constables, approached the Tamil Nadu Administrative Tribunal in O. A. Nos. 5739 and 5740 of 2000, praying to quash the charge memo issued by the Deputy Inspector General of Police in his P. R. No. 76/2000 and P. R. No. 75/2000 dated nil. It is seen from the impugned order of the Tribunal as well as other materials that the said two applicants are Head Constables in Aruppukottai Town Police station in Virudhunagar District. It is further seen that the charge against them was that during enquiry by the Vigilance and Anti-Corruption Wing, Virudhunagar, these two persons gave a statement to the effect that on 23. 07. 1998 at about 10. 30 a. m. in the Office of the Deputy Superintendent of Police, Aruppukottai, where they were present, a person by name Queens Rathnavel, picked up quarrel with Deputy superintendent of Police and went away shouting at him that he would wreck vengeance on him. Ultimately, it was found that the said statement given by these Head Constables are stated to be false and they have made such statement in order to help the Deputy Superintendent of Police in his defence in a departmental enquiry against him. It is also seen that the charge against the Deputy Superintendent of Police, Aruppukottai relating to the incident that had taken place between him and Queens Rathnavel had been quashed by the Tamil Nadu Administrative Tribunal in O. A. No. 3838 of 2000 on 27. 07. 2000, which was disposed of along with O. A. No. 6229 of 1999. The said order was passed by the Tribunal, pursuant to the order of this Court for early disposal of the said O. A. , The Tribunal after finding that the charge memo against the Deputy Superintendent of Police, Aruppukottai itself has been quashed, there is no need to pursue the charges levelled against those two applicants / Head Constables, quashed the charge memo levelled against them. Questioning the said order, the Deputy Inspector General of Police has filed this writ petition after a period of four years.

(3.) THERE is no information as to the fate of quashing of the charge memo relating to the Deputy Superintendent of Police by the Tamil Nadu Administrative Tribunal, which order was passed as early as on 27. 07. 2000. In the light of the fact that the allegation itself is that the first respondent herein and another Head Constable made a statement just to help the Deputy Superintendent of Police in his Departmental enquiry, in the absence of any such information and in view of the order quashing the charge memo relating to the Deputy Superintendent of Police, we are in agreement with the conclusion arrived at by the Tribunal There is no information about the case relating to other Head Constable, viz. , J. Johnpeter. Further, the Tribunal has passed the impugned order as early as on 27. 11. 2001, there is no explanation at all for filing this writ petition only in the year 2005. For these reasons, we do not find any ground for interference. Consequently, the writ petition fails and the same is dismissed. Connected WPMP. , is also dismissed.