P ELANGOVAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS writ petition is directed against the order of dismissal of O.A.No.3108 of 2003 filed by the petitioner, challenging the order dated 18.8.2003 passed by the first respondent, by invoking suo motu power of review conferred under Rule 15(a)(i) & (ii) of the Tamil Nadu Police Subordinate and Service (Discipline and Appeal) Rules (hereinafter referred as 'Rules'), enhancing the punishment of postponement of increment for one year with cumulative effect to that of removal from service, on consideration of the same enquiry report, on the basis of which punishment of postponement of increment for one year with cumulative effect was awarded by the appointing authority in P.R.No.78/92.

(2.) THE case of the petitioner is as follows:

(3.) THE learned senior counsel appearing for the petitioner lastly contended that the first respondent has not specified the proposed punishment in the show cause notice. As per proviso to Rule 15 A of the said rules, no order imposing or enhancing any penalty shall be made by any reviewing authority, unless the Government servant concerned has been given a reasonable opportunity to make representation against the penalty proposed (emphasis supplied). It is mandatory on the part of the reviewing authority to indicate the proposed punishment in the show cause notice. THEn only the petitioner can effectively make a representation against the penalty that is proposed. THErefore, the impugned order may be set aside.