G KATHIRVEL Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorarified Mandamus, to quash the proceedings of the First Respondent in C.No.D1(2)/PR 141/97 dated 17.02.2005 and confirmed by the proceedings of the Second Respondent in C.No.B3/AP/13/05 dated 09.04.2005 and to direct the Respondents to reinstate the PETITIONER into service with all attendant benefits.

(2.) BRIEF facts, which lead to the filing of the Writ Petition are as follows:- (i) The Petitioner entered into Police Department as Grade-II Police Constable on 13.10.1972 FN and he got promoted as Grade-I Police Constable on 22.08.1994 FN. (ii) Alleging that on 26.09.1996, the Petitioner came to the District Judicial Magistrate Court, Villupuram, and used unparliamentary words in a high tone towards one Ganthareegan, Gr.I Police Constable of A.6 Villupuram, who was then on guard duty at the Court and caused disturbance to the functioning of Court, a case was registered against the Petitioner in Villupuram Town P.S.Cr.No.547/96 U/s. 75 of MCP Act. The Criminal Case was subsequently closed as "Action Dropped" enabling to initiate departmental action. (iii) On 06.10.1997, the Petitioner was issued with a Charge U/r.3(b) in P.R.141/97 for "Highly reprehensible and in disciplinary conduct in having himself involved in Villupuram Town P.S.Cr.No.547/96 U/s.75 MCP Act on 26.09.1996", by the First Respondent. (iv) In 1998, the Petitioner was dealt with another charge in P.R.No.213/98 U/r.3(b) of Tamil Nadu Police Subordinate Service (D&A) Rules, 1955, for having been found in intoxication mood and for which an enquiry was conducted and as the Petitioner was found guilty, he was removed from service on 14.04.1999 AN by the First Respondent. Based on the orders of Tamil Nadu Administrative Tribunal in O.A.No.2737/01 dated 19.04.2004, the Petitioner was reinstated into service w.e.f. 20.08.2004 with a modified punishment of stoppage of increment for three years with cumulative effect and denial of back wages for the period of his unemployment. (v) Consequent on reinstatement of Petitioner, the First Respondent conducted enquiry in P.R.141/97 U/r.3(b). The witnesses were examined and nine prosecution documents were marked. The Petitioner in his explanation has submitted that," his mode of talking was always in high tone, which was misconstrued by the Public Prosecutor..". After analysis of documents and explanation of Petitioner, the Enquiry Officer by his findings dated 22.01.2005 arrived at the conclusion that the charge levelled against the Petitioner is proved. Accepting the findings of the Enquiry Officer, First Respondent by his proceedings dated 18.02.2005 passed an order removing the Petitioner from service. (vi) The Appeal preferred by the Petitioner before the Second Respondent was dismissed on 09.04.2005, confirming the punishment awarded by the First Respondent, which is challenged in this Writ Petition.

(3.) THE charges levelled against the Petitioner are grave in nature. On 26.09.1996 the Petitioner has to escort the accused concerned in Veppur P.S.Cr.No.309/85 u/s 302 IPC and 201 IPC before the Judicial Magistrate, Villuppuram. HC 1149 Jayaraman came to Sub-jail, Villupuram at 10.30 a.m. and waited for the Petitioner to come and the Petitioner had not turned up. HC 1149 Jayaraman with the assistance of PC 822 Balakrishnan of Sankarapuram P.S. took the accused to the Court and produced the accused in the Court and got the case adjourned to 27.09.1996. THEreafter the Petitioner is alleged to have come to Judicial Magistrate, villupuram in uniform and used unparliamentary words in a high tone towards Gr.I PC 1327 Ganthareegan of A.R. Villupuram who was then on guard duty and is alleged to have caused disturbance to the functioning of the Court. On a written complaint of the Gr.I PC 1327 case was registered against the Petitioner in Villupuram Town P.S. Cr.No.547/96 u/s. 75 MCP. Petitioner was sent to the medical test where he was found to have consumed alcohol. Petitioner was suspended and he was dealt with for the charge u/r 3(b) in P.R.141/97.