R JAYAKUMAR Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorarified Mandamus praying to quash the final order of dismissal passed by the 1st Respondent and order of rejection of appeal passed by the 2nd Respondent and to reinstate the Petitioner in service with all consequential monetary and service benefits.

(2.) PETITIONER was working as Gr-I constable in B2 - Coimbatore City Police. He has absented from duty on 21. 11. 2001 without any leave or permission and reported for duty on 11. 12. 2001 with medical certificates. For his unauthorized absence from 21. 11. 2001 to 11. 12. 2001, charge memo under Rule 3 (b) of Tamil Nadu State Police Subordinate Services Rules (for short T. N. S. P. S. S. Rules) in P. R. No. 12/f1/2002 was framed. Assistant Commissioner of Police, Law and Order, Coimbatore City Police was nominated as Enquiry Officer in P. R. No. 12/2002. Petitioner had given his explanation to the charge and denied the allegation made against him. Enquiry Officer who conducted enquiry has submitted a proved minute. Copy of the report was served on the Petitioner on 04. 05. 2002 calling for his further representation. 1st Respondent passed a final order on 17. 06. 2002 dismissing the Petitioner from service. Petitioner has preferred an appeal to the 2nd Respondent on 18. 05. 2004. 2nd Respondent considered the appeal and dismissed the same by his order in Rc. No. F3/ap. 10/2004 dated 21. 06. 2004 which is challenged in this Writ Petition.

(3.) RESPONDENTS have filed counter stating that Petitioner was a chronic absentee from work without leave or permission. So the punishment awarded to the Petitioner is in conformity with the delinquency. According to the Respondents, while ordering dismissal of the Petitioner, Respondents have not travelled beyond the charges and the punishment was awarded as per the P. S. O.