NAGANATHAN Vs. SUPERINTENDENT OF POLICE MADURAI

JUDGEMENT

(1.) THE writ petition has been filed praying to quash the order of respondents 1 to 4 in (i) C. No. F1/pr 29/03 u/r 3 (b) dated 12. 07. 2003 (ii) P. R. No. 29/2003/c. No. A2/6299/2003, dated 13. 10. 2003 (iii) R. C. No. P. R. II (3)/052404/2004 dated 26. 05. 2004 and (iv) R. C. No. 174640/p. R. II/3/2004, dated 20. 11. 2004 and consequently to direct the first respondent to reinstate the petitioner as Head Constable with all attendant benefits.

(2.) THE case of the petitioner, in a nutshell, is as follows :

(3.) THE first respondent, in his counter affidavit has contended that the petitioner was dealt with on a charge under Rule 3 (b) of TNPSS (Danda) in PR. 29/03 for having deserted from duty, since 9/12/2002 to 30/12/2002 as per the first respondent office, D. O. No. 35/2003 Lr. L1/1616/2002 dated 2/1/2003 as per the orders of Police standing order No. 95 (Vol. I), which was served on him on 25/1/2003 and he was then referred to the Medical Board, Madurai for his sickness, but he did not appear before the Medical Board, which was dealt with on a Punishment Roll No. 29/2003 under Rule 3 (b) of TNPSS (D and A) Rules and he was given a chance for oral enquiry and he had submitted his petition stating that he had sent his leave letter till 08. 01. 2003, belatedly, due to the ill-health of his children and on merits of the findings in PR. 29/2003, he was compulsorily retired from service with effect from 12. 07. 2003.