MINOR AJEETHA Vs. ENQUIRY OFFICER ALIAS ASSISTANT COMMANDANT

JUDGEMENT

(1.) The petitioner is a dismissed Police Constable and he challenges the order dated 21.9.2003 passed by the third respondent. During the pendency of the writ petition, the petitioner unfortunately passed away on 24.10.2006 and his legal heirs being the wife and two minor children have been brought on record as the petitioners 2 to 4.

(2.) I have heard the arguments of Mr. UM. Ravichandran, learned counsel appearing for the petitioner and Mrs. V. Chellammal, learned Special Government pleader representing the respondents and have perused the records.

(3.) The deceased Y. Paul joined the third respondent Tamil Nadu Special police as Grade II Constable on 01.11.1997 and while he was on duty on 02.9.2002, a complaint was lodged against the petitioner by one Thulasiraman at thirukkokarnam Police Station for an alleged offence under Sections 294 (b) and 323 IPC read with Sec.4 (1) (i) of the Tamil Nadu Prohibition Act. A First information Report was registered in Crime No.319 of 2002. In view of the criminal complaint, he was placed under suspension by an order 09.9.2002 by the third respondent. Subsequently, a charge was framed by the second respondent being the appointing authority and Commandant of the Tamil Nadu Special Police. The petitioner was charged for not only committing a criminal offence but also not intimating the details of the case in Crime No.319 of 2002 to the higher officials. Though the case against the petitioner was closed by the Court of judicial Magistrate but the enquiry proceeded against the petitioner and he was found guilty by the Deputy Commandant, Tamil Nadu Special Police I Battalion, trichy, who was appointed as Enquiry Officer. In that order, it was stated that the charges were proved on the basis of the evidence let in before the enquiry Officer. Basing upon the said enquiry report, the third respondent passed an order dated 18.8.2003 holding him guilty of the charges. It was also mentioned that in respect of the enquiry report being furnished to him, the petitioner did not give any further representation and his conduct is shown as unbecoming of a public servant and under the influence of alcohol, he made an attempt to attack the Station House Officer for which a case was registered against him which resulted in imposition punishment of removal from service. In the meanwhile, in the criminal case, since no final report was filed, the same was closed by the Judicial Magistrate, Pudukkottai, by an order dated 09.9.2002.