P JAYARAMAN Vs. JOINT COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner has challenged the order, dated 19.5.1995 of the Joint Commissioner, Chennai imposing a penalty of stoppage of increment for a period of one year with cumulative effect.

(2.) FACTS leading to the Writ Petition are as followsWhen the petitioner was working as Sub-Inspector of Police, Armed Reserve, Chennai, for the act of desertion, he was issued with a charge memo in P.R. No.19/Tha.pi.I(1)/95 dated 17.2.1995. The Enquiry Officer found that the charge of desertion was proved. On consideration of the records, the report of the Enquiry Officer and the defence statement of the petitioner, the Joint Commissioner of Police, Chennai, the first respondent imposed a penalty of stoppage of increment for one year with cumulative effect. Aggrieved by the same, the petitioner preferred an Appeal to the Director General of Police, Chennai on 25.5.1995. As the said Appeal was not disposed of, the petitioner has chosen to file the Original Application before the Tamil Nadu Administrative Tribunal, which has been subsequently transferred and renumbered as present Writ Petition.

(3.) THE charge levelled against the petitioner is continuous absence from duty without leave or permission from 12.12.1994. On the basis of oral and documentary evidence, the Enquiry Officer has recorded a finding that the charge against the petitioner was proved. THE Joint Commissioner of Police, Headquarters, while considering the quantum of penalty, has observed that though the charge of desertion is grave, warranting severe penalty, but has taken a lenient view and awarded a lesser punishment of stoppage of increment for one year with cumulative effect, on his pension.