V S POYYAMOZHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed challenging the impugned charge memo issued by the 2nd respondent dated 7. 2. 2005 under which three charges were framed against the petitioner which include that the petitioner who was under suspension has given a false complaint as if the Maruthi 800 bearing Registration No. TN 27 P 8980 belonging to his friend Dr. Selvaraj was lost and by registering such a case, he has created a document to obtain a sum of Rs. 1,90,000/- from the Insurance Company, that in respect of the car belonging to his friend, he has used the same without registration number plate, as if it belonged to him and thereby cheated the Police Department and lastly, that he attempted to sell the said car which is stated to have been stolen along with one Gunasekaran.

(2.) THE case of the petitioner is that he has worked as Veterinary Assistant and he was placed under suspension on 1. 7. 03 with effect from 13. 4. 2003 on the basis that a criminal case has been filed against him in respect of the above said charges and he was arrested, which are the subject matter of the disciplinary proceedings, which are in challenge.

(3.) AFTER trial, the criminal Court has acquitted the petitioner as it is seen in the Judgment of the learned Judicial Magistrate Court, Salem in C. C. No. 12/2003 dated 31. 3. 2005. It is also the case of the petitioner that after the criminal Court has acquitted the petitioner, the suspension order was revoked by the respondents on 19. 01. 2006. Inspite of that, the suspension period has not been regularised.