B STALIN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) BY consent of both the parties, the writ petition itself is taken up for disposal.

(2.) THE prayer in the writ petition is, to quash the order of dismissal passed by the third respondent in proceedings dated 26. 9. 2003 confirmed by the appellate authority viz. , the second respondent by order dated 9. 3. 2004 and further confirmed by the first respondent by order dated 11. 8. 2004 and to direct the respondents to reinstate the petitioner in service by treating the suspension period as 'on duty' with consequential benefits.

(3.) THE facts necessary for the disposal of the writ petition am that the petitioner appeared for the Police Constable selection in, the year 2000 and got selected. The petitioner was posted as Grader-II Police Constable on 1. 3. 2002 at Tamil Nadu Special Police, XI Battalion, Rajapalayam, after completing the training. The petitioner while so working was placed under; suspension on 10. 6. 2003 on the ground that a criminal case was registered in Crl. No. 370 of 2000 under Secs. 147, 324, 323, I. P. C. , on 13. 4. 2000 on the file of Thiruvattar Police Station, Kanyakumari District and the same was pending when the petitioner was selected. The petitioner's suspension order was challenged in O. A. No. 2676 of 2003 and by order dated 8. 8. 2003 the State Administrative Tribunal quashed the suspension order without prejudice to the disciplinary proceedings. Pursuant to which P. R. No. 11 of 2003 was issued under Rule 3 (b) of the Tamil Nadu. Police Subordinate Services (Discipline and Appeal) Rules. The only charge, is, "grave misconduct of suppressing his involvement in criminal case at the time of jointing the Police force". The department conducted oral enquiry and finally the third respondent removed the, petitioner from service by order, dated 26. 9. 2003. The appeal filed before the second respondent was rejected on 9. 3. 2004 and the review petitions filed before the first respondent was also rejected on 11. 8. 2004.