LAWS(MAD)-2006-8-91

P RAMASAMY Vs. GOVERNMENT OF TAMILNADU

Decided On August 25, 2006
P.RAMASAMY Appellant
V/S
GOVERNMENT OF TAMILNADU Respondents

JUDGEMENT

(1.) THE writ petition is filed for a direction against the respondents 1 to 3 to issue posting order as Inspector of Police with all attendant benefits pursuant to the order of the Division Bench of this Court in W. P. No. 451/2003 dated 15. 11. 2005.

(2.) THE petitioner while working as Inspector of Police from 14. 12. 1987 at Sivakasi Police Station, certain charges were framed against him under Rule 3 (b) of the Tamil Nadu Subordinate Services (Discipline and Appeal)Rules, 1955. After conducting the departmental enquiry, a punishment of reduction of rank as Sub-Inspector of Police for a period of two years was imposed. The petitioner has moved the Tamil Nadu Administrative Tribunal against the said order of the Deputy Inspector General of Police, Vellore/4th respondent, by filing O. A. No. 919/2000, which was dismissed for default and a review petition filed to restore the Original Application was also dismissed. It was against the said order, the petitioner has moved this Court by filing W. P. No. 451/2003 and the Division Bench of this Court, by order dated 15. 11. 2005 has allowed the writ petition by quashing the orders of the respondents 3 and 4, viz. , the Deputy Inspector General of Police, Ramanathapuram, the Deputy Inspector General of Police, Vellore and also the Superintendent of Police, Virudhunagar, apart from setting aside the order of the Tamil Nadu Administrative Tribunal.

(3.) THAT order was passed based on the consideration that even in a criminal case, the Sessions Court has acquitted the petitioner. This order passed in W. P. No. 451/2003 dated 15. 11. 2003 has become final. It is in these circumstances, as a consequence of the said order of the Division Bench of this Court, the present writ petition is filed by the petitioner for a direction against the respondents to give the petitioner the posting as Inspector of Police.