E. DAVID KARUNAHARAN Vs. STATE

JUDGEMENT

(1.) The petitioner was appointed as Police Constable and was serving under the fifth respondent. While serving at Tuticorin, he availed four days leave from 23.01.1999 to 26.01.1999. Thereafter, he went on sick leave and made an application with medical certificate for continuing his leave. The periodical extensions were came to end on 13.04.1999. From which date onwards, he was declared as a deserted by the fourth respondent in his proceeding in Na.Ka.No.D2/tpR132/99/B.O.No.385/1999, dated 09.05.1999. Pursuant to this, the fifth respondent issued a charge memo in P.R.No.46/1999, dated 18.08.1999 under Rule 3(b) of Tamil Nadu Police Subordinate Service (D & A) Rules, for having deserted from 13.04.1999 to 03.05.1999 for 21 days without any leave or permission.

(2.) The writ petitioner had not submitted any explanation to the charges. But on 05.10.1999, he has sent a communication to the Deputy Commandant, Tamil Nadu Special Police, IX, Battalion, Manimutharu, Tirunelveli District, requesting him to permit him to join duty after his domestic problems are over. Since the petitioner had not given any explanation to the charges, the fifth respondent has passed an order of removal from service in P.R.No. 46/1999, dated 26.10.1999. Against which, the writ petitioner has made an appeal to the fourth respondent, which was rejected. Thereafter, he filed review petition and mercy petition to the 3rd and 4th respondents, which were also rejected.

(3.) The writ petitioner on 18.02.2002 preferred a mercy petition to the first respondent. The first respondent, after having considered the facts, has found that the order of punishment suffers infirmity due to non-furnishing of enquiry report. Therefore, he would set aside the punishment order and direct the second respondent to instruct the appointing authority on reinstatement of the petitioner to proceed further from where the infirmity passed i.e., by communicating the enquiry report to the individual and get further representation from him. There is a further direction to pass final orders after giving reasonable opportunity.