C PARAMASIVAM Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this court, the petitioner has brought forth this writ petition, seeking for the issue of a writ of certiorarified mandamus to call for the records pertaining to the order of the third respondent herein passed in his proceedings P. R. No. F1/pr58/05, dated 15. 09. 2005 and C. P. O. 2011/2005, C. No. F1/pr58/05, dated 5. 10. 2005 imposing a punishment of rank reduction by one stage from the post of Head Constable to that of Grade I police Constable for one year, on the petitioner and the proceedings of the second respondent herein passed in his c. No. F3/ap 22/2005 dated 26. 10. 2005 and C. No. F3/ap22/2005, dated 22. 11. 2005 imposing a punishment of compulsory retirement from service against the petitioner and to quash the same and to direct the second respondent herein to reinstate the petitioner in service with all consequential monetary and service benefits.

(2.) THE affidavit filed in support of the petition is perused. The court heard the learned counsel on either side.

(3.) THE petitioner joined the police service as Grade II police Constable in the year 1981 in the Tamil Nadu Special police, 4th Battalion, Kovaipudur. He was transferred and posted in the Armed Reserve in the year 1993 and in the year 1995, he was promoted as Grade-I Police Constable. As per the seniority, he was transferred as Grade I Police constable from Armed Reserve to Taluk Police in the year 1998. He was also further promoted as Head Constable from november, 2000. During the relevant time, he was working so. He was placed under suspension on 8. 7. 2005 by the Deputy commissioner of Police, Crime, Coimbatore City, stating that he had misbehaved with the Assistant Commissioner of Police, intelligence Section, Coimbatore City, while on traffic duty on 4. 7. 2005 at about 10. 30 a. m. at Old Fly Over, Avinashi road during the visit of the Honourable Chief Minister of tamil Nadu on that day. Following the suspension, a charge memo was served upon him calling for his explanation. Not satisfied with the explanation, the Assistant Commissioner of Police, Crime, Central, Coimbatore City was appointed as an Enquiry Officer, who conducted an enquiry and found that the charges were proved. He was given an opportunity to put forth his representation. After receiving the explanation, the punishment of rank reduction for a period of one year from the post of Head Constable to Grade-I Police Constable was passed by the Deputy Commissioner of Police, Coimbatore.