H C LENIN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE prayer in this Writ Petition is for a Writ of Certiorari calling for the records of the respondents in connection with the impugned order issued by the respondents 1 and 2 in C. No. F1/pr 13/2004 dated 17. 06. 2004 and Rc. No. 150713/pr. I (1)/2004 dated 05. 10. 2004 respectively and quash the same.

(2.) WHEN the Petitioner was working as Inspector of Police in Andhiyur Police Station between 18. 11. 1994 and 18. 11. 1996, on the basis of two complaints received against him during that period, preliminary enquiry was conducted by the respondents and thereafter charge memo dated 07. 03. 1997 was issued under Rule 3 (b) of Tamil Nadu Police Subordinate Service Rules (Discipline and Appeal) Rules, 1995 levelling four charges against the petitioner. The petitioner submitted his explanation denying the said charges. Thereafter, an enquiry officer was appointed 10. 04. 1997. The enquiry officer conducted enquiry in which 20 witnesses and 26 exhibits were marked by the prosecution. On consideration of the oral and documentary evidence, the enquiry officer found that all the four charges against the petitioner were not proved. Whereas, the disciplinary authority, the first respondent herein has taken a dissenting view only in respect of charge Nos. 1 and 2 are concerned and issued second show cause notice to the petitioner on 15. 03. 2004 for which the petitioner also submitted his reply on 02. 04. 2004 which was considered and final order was passed on 17. 06. 2004 imposing punishment of postponement of next increment of the petitioner for two years without cumulative effect. Aggrieved by the said order, the petitioner has preferred an appeal before the second respondent on 14. 07. 2004, which was also dismissed on 05. 10. 2004, hence, the present writ petition has been filed challenging the said two orders.

(3.) IT is necessary to look into the charge Nos. 1 and 2 levelled against the petitioner, which runs as follows:-