G ANTHONY SELVARAJ Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS Writ Petition has been filed to quash the order of punishment of removal from service passed against the Petitioner by Secretary to Government, Home (Police 1a) Department, Fort St. George, Chennai, the Respondent herein and to grant him all consequential monetary and other reliefs.

(2.) ACCORDING to the Petitioner, he was directly recruited as Sub-Inspector of Police in the year 1965 and he was promoted as Inspector of Police in the year 1974. Thereafter, in the year 1987, he was further promoted to the post of Deputy Superintendent of Police and then Additional Superintendent of Police in the year 1988. He was due for superannuation on 31. 01. 2002, but he was not allowed to retire from service and placed under suspension pending disciplinary proceedings issued in RC. No. 279602/cr. I (2)/99 dated 14. 01. 2000. It is the case of the Petitioner that during the course of his service, he received 200 medals and rewards and had never come to the adverse notice of the superior officials. That being the position, while he was serving as Assistant Commissioner of Police in Coimbatore, a case was registered in All Women Police Station, Coimbatore in Crime No. 81/95 for suspicious death of a girl and the Inspector of Police by name Anbalagan, who was in charge of the Police Station, took up the Investigation of the case, examined the witnesses and after following the procedure, altered the Section of law under which earlier the case was registered to Sections 376 and 302 I. P. C and arrayed one Sundaraswamy @ Sundaram as an accused. Thereafter, regular Investigation and follow up action have been taken and the Petitioner had submitted a crime report to the higher officials. The Petitioner did not instruct the Head Constable of All Women Police Station to mention the time in the F. I. R.

(3.) FURTHER case of the Petitioner is that he was the Assistant Commissioner of Police and below him there were other police personnel including Inspector of Police, who was at lapse in respect of prosecuting the accused and there were petitions against him. The matter was enquired into by the Deputy Commissioner of Police as well as by the Commissioner of Police, Coimbatore, who, on supervising the process of Investigation, confirmed that the Investigation was proceeding on correct lines. Charge Sheet was filed and the matter was committed to Sessions Court, Coimbatore. In the Trial before the Sessions Court, the Mother of the victim girl was examined and on a different version, learned Trial Judge ordered further Investigation, based on a Petition under Sec. 173 (8) Cr. P. C. , presented by the then Investigating Officer Samudragani. Thereafter, Additional Charge Sheet was filed and the Inspector of Police Anbalagan was arrayed as an accused along with others and Charge Sheet was laid against the accused under Sections 376, 302, 120-B and 201 I. P. C. Ultimately, the Criminal Case before the Sessions Court ended in total acquittal. Subsequently, along with the Petitioner, the First Investigating Officer Anbalagan and Second Investigating Officer one Pitchai were served with Charge Memo. Anbalagan and Pitchai being Inspector of Police, the Charge Memos were issued by the Deputy Inspector General of Police. As far as the Petitioner is concerned, Director General of Police had issued the Charge Memo. Thereupon, all the three approached the Tamil Nadu Administrative Tribunal by filing Original Applications, challenging the Charge Memos on various grounds. The Tribunal after finding that the Charge Memo shall be deemed to have been issued by the Government, by an order dated 26. 11. 2001, directed the Government to appoint a common Enquiry Officer to conduct an enquiry and to pass orders within a period of three months from the date of receipt of a copy of the order.