DISTRICT GENERAL OF POLICE Vs. A.THIYAGARAJAN

JUDGEMENT

(1.) The State has preferred the present writ appeal challenging the order of the writ Court in WP(MD).No.8733 of 2009 dtd. 14/11/2018.

(2.) The respondent herein while he was working as a Head Constable in Ramanathapuram Police Station was transferred to Tirunelveli by way of an order dtd. 7/12/2003. The respondent had not complied with transfer order and he did not join in the transferred place. The department had treated him as a deserter and an order to the said effect was passed on 23/3/2004. Though the respondent had an opportunity to show cause against the said order, he has not chosen to do so. Therefore, the department had passed an order on 5/5/2004 to frame charges as against the respondent. After enquiry, the respondent was dismissed from service on 14/8/2004. He had challenged the same in WP(MD).No.9227 of 2005 wherein an order was passed quashing the order of dismissal and remanding it back to the department for considering a lesser punishment as per Rules. After remand, the first appellant herein has passed an order on 12/6/2009 imposing a modified punishment of compulsory retirement from service.

(3.) The compulsory retirement order was challenged by the respondent herein in WP(MD).No.8733 of 2009. The writ Court had allowed the writ petition and directed reinstatement in service with continuity of service, but without backwages. The writ Court had further held that the pension amount if any already paid shall not be recovered. The other retirement benefits, if received by the petitioner have to be refunded to the department with interest. This order is put to challenge by the State in the present writ appeal.