CHAKRAVARTHY Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD Mr. Anand, learned counsel appearing for the petitioner and Mr. K. Elango, learned Special Government Pleader appearing for respondents 1 and 2.

(2.) THE present writ petitioner was a police Constable in the Armed Reserve Police. A disciplinary proceedings was initiated against him on the allegation that he had allowed one prisoner to escape. It was found at the enquiry that the present petitioner was negligent and had allowed the prisoner to escape. Punishment of removal from service was inflicted. THE petitioner, after exhausting the remedies available departmentally, filed O.A. No.5082 of 2000.

(3.) WE have gone through the entire materials on record. WE do not think, it is open to the petitioner to now contend in the above manner, as we find that the petitioner had never challenged the basis of the finding in the disciplinary proceedings while the matter was argued before the Tribunal, as apparent from the following observations of the Tribunal:-