N SATHASIVAM Vs. JOINT COMMISSIONER OF POLICE, INSPECTOR OF POLICE (CRIME) AND SELVAKUMAR, INSPECTOR OF POLICE (LAW AND ORDER)

JUDGEMENT

(1.) This writ appeal is filed as against the judgment dated 20.2.2007 passed in W.P.No. 42962 of 2006.

(2.) The petitioner is the appellant in this writ appeal. The appellant was placed under suspension by proceedings dated 21.9.2006 by the first respondent. Challenging the same W.P.No. 42962/2006 was filed, but the same was dismissed by order dated 20.2.2007. As against the same, the above said writ appeal is filed.

(3.) According to the learned Counsel for the appellant, the appellant had joined the Police Force in the year 1978 as Grade II Police Constable and he had served for a period of 30 years with a clean record of service. On the date of the impugned order, the appellant was serving as a Head Constable and due for promotion as Sub-Inspector. According to the learned Counsel for the appellant, a Civil Suit was filed in O.S.No. 2539/1999 against the appellant by his neighbour Mr. Ramasamy but the said suit was dismissed. According to the learned Counsel for the appellant, the suit was filed at the instigation of one Mr. Kumar who was earlier, the Sub-Inspector of Police in the Police Station where the appellant was working as Head Constable. According to the learned Counsel, the appellant has filed O.S.No. 7148/1999, as against the said Kumar and one Ravindran seeking permanent injunction restraining the defendant therein from interfering with the peaceful possession of the appellant's property. Besides the appellant preferred a private complaint in C.C.No. 11790/1999 before the Xth Metropolitan Magistrate, Egmore, against his neighbour Mr. Ramasamy for illegally demolishing the appellant's compound wall. In the said criminal case, on 6.1.2006, the appellant's tenants gave evidence against the said Ramasamy. According to the learned Counsel, basing on this, the appellant and his tenants were threatened by the henchmen of the said Ramasamy. Consequence of this, on 11.2.2006, the appellant preferred a police complaint to the then Inspector of Police, Mr. Rajagopal and sought for police protection and registered a complaint in CSR.No. 77/2006. After the transfer of Mr. Rajagopal to another police station, the third respondent took charge as Inspector of Police (Law and Order) of the said police Station where the appellant was working. Inspite of the complaint lodged, no action was taken as against Ramasamy and Ors. against whom complaint is lodged. On the other hand, colluding with them, the third respondent started humiliating the appellant in their presence. Basing on this, the appellant filed a private complaint before the XIII Metropolitan Magistrate, in Crime No. 340/2006 against the said Ramasamy and two others and sought for police protection. Subsequent to this, according to the learned Counsel, the third respondent threatened the appellant and his witness for giving the above said complaint. Consequence of this, on 7.4.2006, the appellant preferred a complaint to the Assistant Commissioner of Police, N.K.B. Nagar, against the third respondent, Ramasamy and two others. According to the learned Counsel, when the appellant was on medical leave from 14.9.2006 to 23.9.2006, in order to wreck vengeance on the appellant for having given evidence against the third respondent in the Criminal Court, he got hold of an unauthorised kerosene seller namely R. Kumar and procured a statement from him stating that the appellant had demanded mamool of Rs. 2000/-. According to the learned Counsel, by order dated 21.9.2006, the appellant was placed under suspension on the ground that grave charges are pending against him for having involved in criminal case registered in Kodungaiyur Police Station in Crime No. 1119/2006 under Sections 199, 200, 201, 213, 384 and 506(1) I.P.C., for not handed over the key and vehicle diary of police jeep on 14.9.2006.