P SAVARIMUTHU Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner has challenged the notice dated 05. 01. 1994 of the Deputy Commissioner of Police (Prohibition), the respondent herein.

(2.) THE case of the petitioner is that he was falsely implicated in a criminal case in Crime No. 12/a. C. /89 and during the pendency of the case before the Chief Judicial Magistrate and Sub-Judge, Chengalpattu, he was placed under suspension by order dated 15. 09. 1989 by the Superintendent of police, Chengalpattu M. G. R. District. THE suspension order was challenged in o. A. No. 3175 of 1990 and on the strength of the interim order granted by the tribunal, the petitioner was in continuous employment. THE petitioner has further submitted that the criminal case has ended in conviction against which an appeal was filed in C. A. No. 756 of 1993. While entertaining the criminal appeal, the sentence imposed by the learned Chief Judicial Magistrate, chengalpattu in Special Case No. 6 of 1991 dated 02. 12. 1993 was suspended and the petitioner was enlarged on bail in CMP No. 9443 of 1993 dated 22. 12. 1993. THE petitioner has further submitted that when the criminal appeal was pending on the file of this Court, the respondent has issued a Show Cause Notice, calling upon him to submit his explanation as to why he should not be dismissed from service. On receipt of the Show Cause Notice, the petitioner had informed the respondent that the criminal appeal against the judgment has been admitted, the sentence has been suspended and therefore, the respondent has no jurisdiction to issue Show Cause Notice, which is arbitrary and violative of the constitution.

(3.) IT is evident from the pleadings of the petitioner that he was convicted for a serious offence under Section 7 and 13 (2) read with section 13 (1) (d) of PC Act and was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 300/ -.