V GURUSAMY Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner was working as Police Constable in Armed Reserve, Chennai. It was alleged that while the petitioner was working in the 'e' Division of 19th Battalion of Armed Reserve, Chennai, on 6. 4. 1996, the petitioner was required to escort the detenus Venkatesan and Murugan @ Kulla Murugan to the out-patient wing in Ward No. 31 of the Government General Hospital and bring them back, but the petitioner with dishonest intention has taken the above said two detenus to their residences at Saidapet in an Auto bearing Registration No. TN-09-4537 and received bribe from the said detenus. On such allegation, the petitioner was placed under suspension and an enquiry was contemplated. Ultimately, he was dismissed from service. Since the Original Application filed by the petitioner was also dismissed by the Tribunal, he filed this writ petition.

(2.) THE main core of the argument of the petitioner is that he was not furnished with the copies of the statements of important witnesses, which were relied on by the Department and that the two prisoners viz. Venkatesan and Murugan, who were said to have been taken by the petitioner to their residences at Saidapet on receipt of illegal gratification were not examined and that the two independent witnesses who were shown in the list of witnesses were also dispensed with.

(3.) A counter affidavit has been filed by the respondents before the Tribunal, denying the allegations made by the petitioner. It has been specifically averred therein that all the mandatory provisions under Rule 3 (b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) rules 1955 have been correctly followed in this case.