V NATARAJAN Vs. STATE OF TAMIL NADU; DIRECTOR GENERAL OF POLICE; COMMISSIONER OF POLICE; DEPUTY INSPECTOR GENERAL OF POLICE; DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner and the respondents in both the writ petitions are one and the same. The issue involved in these writ petitions are inter-connected. Therefore, both the writ petitions are taken up together for final disposal and are disposed of by this common order.

(2.) The petitioner was appointed as Sub Inspector of Police in the Tamil Nadu Police Subordinate Service in 1987 and on 21.08.2000 he was promoted as Inspector of Police. While the petitioner was working as Inspector of Police in Prohibition and Enforcement Wing, Triplicane, Chennai, on 03.12.2001, a case in Crime No. 6 of 2001 was registered against him by the Directorate of Vigilance and Anti Corruption for the alleged offence punishable under Section 7 of the Prevention of Corruption Act, 1998. The Criminal case came to be registered against the petitioner after a trap was allegedly laid against him. In connection with the registration of the criminal case, the petitioner was suspended from service with effect from 03.12.2001. Challenging the order of suspension dated 03.12.2003, the petitioner filed O.A. No. 1263 of 2002 before the Tamil Nadu Administrative Tribunal. The Tribunal granted interim stay of order of suspension dated 03.12.2001 on 22.10.2002. By virtue of the interim stay granted by the Tribunal, the order of suspension passed against the petitioner was revoked by an order dated 13.01.2003 and he was reinstated in service. Later, a charge memo dated 21.01.2003 was issued to the petitioner as contemplated under the provisions of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1957. A departmental proceedings also was initiated against the petitioner.

(3.) As far as the Criminal case is concerned, after trial, by a judgment dated 30.06.2004 passed in C.C. No. 16 of 2002 on the file of the learned VII Additional Sessions Judge, City Civil Court, Chennai, the petitioner was convicted for the offence punishable under Section 7 of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year with a fine of Rs.1,000/-, in default to undergo three months rigorous imprisonment; convicted for the offence under Section 13 (1) (d) read with Section 13 (2) of the said Act and sentenced to undergo two years rigorous imprisonment with fine of Rs.1,000/-, in default, to undergo three months rigorous imprisonment. The sentences were ordered to run concurrently. Assailing the Judgment of conviction dated 30.06.2004, the petitioner filed Criminal Appeal No. 957 of 2004 and by a Judgment dated 12.12.2007, this Court reversed the Judgment of conviction and acquitted the petitioner.