M KARNAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed for the issuance of a Writ of Certiorari to call for the records, pursuant to the impugned charge memo in C. No. F1/pr. 132/04, dated 19. 11. 2004, on the file of the second respondent herein and to quash the same. The brief facts of the case, as stated by the petitioner, are as follows:

(2.) THE petitioner had joined in the Police Service, as Sub-Inspector of Police, in the year 1973. Later, he had been promoted as a Deputy Superintendent of Police. On 15. 2. 2004, he had joined as the Deputy Superintendent of Police, Kovilpatti Sub-Division, in Thoothukudi District. On 17. 2. 2004, he had taken up the further investigation of Kayathar P. S. Crime No. 295 of 2003, under Section 3 (1) (v) of SC/st Act read with Section 420 of I. P. C. and Section 4 of the Tamil Nadu Prohibition of Charging Ex-orbitant Interest Ordinance, 2003, as per Na. Ka. No. 33/camp/sp-TUT/2004, on the file of the Additional Superintendent of Police (Crime), Thoothukudi District, who was then in charge of the Kovilpatti Sub-Division.

(3.) WHILE so, a charge memo, dated 19. 11. 2004, had been issued to the petitioner by the second respondent under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955, in C. No. P. R. 132/2004. The two charges, that were framed against the petitioner, were for alleged gross neglect of duty in having failed to investigate the case in Kayathar P. S. Crime No. 295/2003 on proper lines and for highly reprehensible conduct in having exhibited defiant, disobedient, insubordination and recalcitrant attitude, when the Collector, Thoothukudi, enquired him, on 25. 5. 2004.