P RATHINASAMY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) HEARD Mr. K. Raja, learned counsel appearing for the petitioner and Mrs. Bhavani Subbaroyan, learned Additional Government Pleader representing the respondents and perused the records.

(2.) THE petitioner was working as a Head Constable in Alangiam Police Station, Dharapuram Taluk, Erode District. The petitioner was involved in a criminal case for the offences under Sections 341, 294 (B) and 506 (ii) I. P. C. A criminal case was registered against him in Crime No. 241/2007 at the Dharapuram Police Station for an incident that took place on 17. 4. 1997. The allegation against him was that he was in a drunken stage and came to attack the complainant in a public place. Pursuant to the criminal case, he was placed under suspension and also a charge memo under Rule 3 (b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules [for short, 'tnpss Rules'] was framed and served on him. Thereafter, an Enquiry Officer was appointed and final report was also filed before the Judicial Magistrate, Dharapuram.

(3.) IT is the case of the petitioner that the charge memo was issued at the instance of the second respondent Inspector of Police, who was impleaded in his personal capacity. He also stated that when he was bedridden, he used to visit his house and at one such time, he made advances to his wife with sexual motives, which also came to be published in a Tamil News Magazine. In order to wreak vengeance, for such a news exposure, he has advanced monies and got a First Information Report registered. The cover page of the news magazine Tamilan Express dated 03. 5. 2007 was also filed in the typed set of papers filed by the petitioner. While the incident against him is stated to have taken place on 17. 4. 2007, the news report had been published only two weeks thereafter. In any event, it is a matter which will have to be pleaded by giving appropriate explanation by the petitioner and proved in the enquiry initiated against him.