S GURUMURTHY Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE writ petitioner challenges the order of the second respondent dated 15. 07. 2004 under which the second respondent has placed the petitioner under suspension on the basis that charge of misconduct is contemplated regarding leakage of question papers for the written examination for promotion test of Armed Reserve Head Constables.

(2.) IT is also not in dispute that after the order of suspension was passed, charges were framed against the petitioner as early as on August 2005 for which the petitioner has also submitted his explanation. An enquiry has also been conducted. Even the enquiry officer has submitted his report and a copy of the same has also been received by the petitioner for which the petitioner has also submitted his explanation.

(3.) IT is relevant to point out that along with the petitioner 4 other persons who were working with him were placed under suspension namely 1) R. Shanmugam Sub Inspector of Police, AR, Vellore 2) Kannan Head Constable, AR, Vellore 3) Govindaraj Head Constable, AR, Vellore and 4) Raj Head Constable, AR Thiruvannamalai, on 19. 06. 2004, in respect of same charges and ultimately on consideration of their representations those 4 persons were reinstated by revoking the order of suspension by the proceedings of the Deputy Inspector of General of Police, Vellore dated 19. 01. 2005. Further in respect of the petitioner, even though he has submitted his explanation and also made many representations, the similar order has not been passed.