LAWS(MAD)-2016-11-35

K.CHITHARANJAN Vs. THE SECRETARY TO GOVERNMENT

Decided On November 17, 2016
K.Chitharanjan Appellant
V/S
The Secretary to Government Respondents

JUDGEMENT

(1.) The prayer in this writ petition is for issuance of a writ of certiorari to quash the charge memo formulated in R.O.C.No.A-1/341/2008 (TDP No.13/2008), dated 05.08.2008, by the second respondent herein.

(2.) The writ petitioner was originally appointed as a Grade-I Police Constable on 01.02.1972 and promoted as a Head Constable on 06.03.1980, Sub-Inspector of Police on 20.12.1985 and Inspector of Police on 18.07.1997. On 30.04.2008, he was allowed to retire from servic on attaining the age of superannuation without prejudice to the departmental proceedings.

(3.) The writ petitioner was served with a charge memo, on 23.02.2010, in R.O.C.No.A-1/341/2008 (TDP.No.13/2008), dated 05.08.2008, by the second respondent. The allegation of the charge memo is that the petitioner had acquired assets and constructed a shopping complex in the name of his uncle, which is disproportionate to the known source of his income to the tune of Rs.4,38,777/-. The impugned order was for the check period from 01.01.1990 to 31.12.1994. The delay in initiating the disciplinary proceedings, according to the petitioner, has not been explained and the inordinate delay of 15 years is a fatal one. Challenging the action of the second respondent, the petitioner has filed this writ petition.