N JAYAVELU Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THOUGH the miscellaneous petition is listed today, by consent of both sides, the writ petition itself is taken up for final disposal.

(2.) THE petitioner is a Police constable. During the year 1986-1987, while the petitioner was working as Grade II Police Constable attached to K6 T.P. Chattram Police Station, on 01.01.1987, he was on patrol duty along with another police constable by name V. Ethiraj (PC269). While they were on duty, at about 07.30 p.m. they found two persons moving in suspicious circumstances, one by name Babu S/o.Vembuli residing at No.62, Kuggi Naicker Street, Anna Nagar, Kilpauk Garden, Chennai and another by name Venkatesan S/o Ekambaram. According to Babu, they were only attending to nature's call. On suspicion, the petitioner and Mr. Ethiraj attempted to intercept them, but Mr. Venkatesan vanished from the scene of occurrence and Babu was caught hold. It is alleged that in that process, Babu sustained injuries one on his right eye and the other on a non vital part of the body. THE allegation is that Babu was attacked by the petitioner with a cane. Babu was immediately taken to the Police station by the petitioner and Ethiraj from where he was referred to the hospital for treatment. Since Babu's right eye was injured seriously, it was removed surgically. Subsequently, his brother by name Gangadharan committed suicide unable to bear the mental stress.

(3.) THEREAFTER, the second respondent supplied a copy of the enquiry officer's report and called for further explanation from the petitioner. The petitioner duly submitted his further explanation. Rejecting the said explanation, the second respondent by his proceedings in Tha.Ko.No.84/Tha.Pi.2(2)/90 Rule(b) dated 12.06.2003 passed the final order thereby imposing the punishment of dismissal from service.