K SWAMINATHAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order of punishment imposed on the petitioner in G. O. Ms. No. 339 Home (Police 12) Department dated 23. 03. 1998, in which the petitioner was imposed a punishment of withholding of increment for one year with cumulative effect and also the recovery of rs. 7,496. 40 towards loss to the department.

(2.) THE learned counsel for the petitioner argued that the petitioner retired on 31. 12. 1998 and his annual increment is due as on 1. 1. 1999. Therefore according to the petitioner, the said order of punishment imposed on the petitioner for the charges under Section 17 (b) is unworkable and the said punishment is imposed without application of mind.

(3.) THE first contention of the petitioner is that two preliminary enquiries have been conducted by the Superintendent of Police for the very same set of allegations and on both the occasions, nothing was found against the petitioner and recommended to refer the complaints as mistake of fact. In so far as the second contention is concerned, I am unable to sustain the arguments because the preliminary enquiry is a fact binding enquiry and if the preliminary enquiry report is not convincing to the department, it is open to the department to conduct a regular enquiry.