SUPERINTENDENT OF POLICE Vs. S MANICKAM

JUDGEMENT

(1.) AGGRIEVED by the order of the Tamil Nadu Administrative Tribunal, Chennai, dated 17. 10. 2001 made in O. A. No. 3880 of 1998, the Superintendent of Police, Salem and the Deputy Superintendent of Police, Armed Reserve, Salem filed the above writ petition.

(2.) IN the light of the order to be passed hereunder, it is unnecessary to refer the factual matrix as stated in the affidavit. However, it is relevant to note that the first respondent herein was issued a charge memo, which reads as under.

(3.) THE learned Government Advocate would contend that since the enquiry revealed that the complaint/telegram made by the first respondent's wife i. e. , violation of Protection of Civil Rights Act is false, the Department is fully justified in initiating action against him. We are unable to accept the said contention. As rightly discussed and observed by the Tribunal, first of all, even according to the Department, the alleged quarrel was between the applicant's wife with her neighbours and the first respondent has nothing to do with the same. Further, a complaint was given by the first respondent and his wife against one Mayakannan, Police Constable, and the same was subsequently withdrawn. In such a circumstance, as rightly observed by the Tribunal that there is no cause to pursue the charge levelled against the first respondent herein, we are in agreement with the conclusion arrived at by the Tribunal and we do not find any valid ground for interference.