M DHANDAPANI Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) PETITIONER seeks to quash the order of termination dated 21. 10. 2005 passed by the second respondent and confirmed by the first respondent in his appeal order dated 9. 12. 2005 and to direct the respondents to reinstate the petitioner with all consequential, monetary and other service benefits such as backwages, promotions, etc.

(2.) THE brief facts as stated in the writ petition are that the petitioner was appointed as constable in the second respondent battalion on 1. 3. 2002. The petitioner along with one Rajendran said to have committed theft of a cell phone and Rs. 200/- from one Leninkumar of Dharapuram and his friend by name Prabu. The said Leninkumar gave a complaint before the Inspector of Police, Dharapuram against the petitioner and the same was registered against the petitioner and the said Rajendran under Section 379 IPC in Crime No. 220 of 2005. Petitioner was placed under suspension and he was issued with a charge memo dated 2. 4. 2005. In the Criminal case, a charge sheet was filed before the Judicial Magistrate, Dharapuram.

(3.) PETITIONER filed W. P. No. 20689 of 2005 before this Court to stay the departmental proceeding and contended that in respect of the same set of allegations, a criminal prosecution is also pending. This Court admitted the writ petition and ordered notice. Since no stay was granted, the enquiry officer continued the enquiry. Alleging that the enquiry has not been conducted properly, petitioner filed another W. P. No. 21828 of 2005 and prayed for change in Enquiry Officer. The said writ petition was also admitted, but no stay was granted.