K KANDASAMY Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner was issued with a charge memo dated 7.11.1994, primarily accusing him of insubordination and abusing his superior Officer and acting in a manner unbecoming of a Government Servant. THE petitioner submitted his explanation on 11.3.1995. An enquiry followed and the enquiry officer submitted a report dated 28.3.1995 in his minute in PR No.297/94 holding the charge proved.

(2.) AFTER furnishing a copy of the enquiry report and receiving further representation of the petitioner, the second respondent herein passed final orders on 26.5.1995, imposing the penalty of reduction in the time scale of pay by three stages for three years with cumulative effect.

(3.) IT is seen from the aforesaid portion of the impugned order that the Appellate Authority did not deal with any of the grounds of appeal raised by the petitioner. A departmental appeal is a continuation of the original proceedings. IT is needless to point out that the last opportunity available for a delinquent, to canvass his case on merits, is at the appellate stage. After the appeal, a delinquent loses his right to challenge any disciplinary proceedings on merits, since the scope of interference on a revision or on a writ petition is very limited. Therefore, the rules themselves contemplate appellate authorities to go into the factual details and consider all the grounds of appeal before deciding an appeal. Unfortunately, the first respondent has chosen to dismiss the appeal by a non-speaking order and hence the appellate authorities order is liable to be set aside.