V PERUMAL Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) AGGRIEVED by the order of the Tamil Nadu Administrative tribunal, Chennai, dated 25. 10. 2002, made in Review Application No. 53 of 2002 and O. A. No. 6048 of 1996, the petitioner has filed the above Writ Petition to quash both those orders on various grounds.

(2.) ACCORDING to the petitioner, he was appointed as grade-II Police Constable in Armed Reserve, Madras , on 07. 02. 1973 and promoted as Grade-I Police Constable and posted in the control Room, Chennai-600 008. On the allegation that on 12. 07. 1994 at about 7. 40 a. m. he quarrelled with the Police officers under the influence of alcohol, a criminal case was filed against him under Sections 332 and 506 (2) of IPC read with Section 4 (i) (j) of the prohibition Act. To the same extent, he quarrelled with the Inspector of Police and two Sub Inspectors, who were present in the room of the Assistant commissioner. After framing charges, an ex-party enquiry was conducted without giving opportunity to him. Based on the enquiry, the third respondent, viz. , deputy Commissioner of Police, Chennai� 600008, issued a show case notice which was challenged in O. A. No. 12/95 before the Tamil Nadu Administrative tribunal. On 24. 01. 1995, the Tribunal passed an order directing the third respondent to appoint a fresh Enquiry Officer. But in the meantime, by order dated 14. 01. 1995, the third respondent dismissed the petitioner from service. The said dismissal order was challenged in O. A. No. 6048/96. In the meanwhile, the Department filed Review Application No. 122/95 to review the order passed in o. A. No. 12/95. Both O. A. No. 6048/96 and R. A. No. 122/95 were heard and final order was passed by the Tribunal dismissing O. A. No. 6048/96 on merits and r. A. No. 122/95 as unnecessary. Thereafter the petitioner filed R. A. No. 53/2002 seeking review of the order passed in O. A. No. 6048/96. By order dated 25. 10. 2002, the Tribunal dismissed the said Review Application, hence, the present Writ Petition.

(3.) BEFORE going into the rival contentions, it is useful to refer the charges levelled against the petitioner. When he came late on 12. 07. 1994 and the same was questioned, he disobeyed his superior officers and also scolded them in filthy language. Further, when he was asked by another constable (by name Thangaraj) not to behave in that manner, he pushed him down. He was under the influence of alcohol while he was on duty.