K RAJI Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD Mr. R. Sankarasubbu, learned counsel appearing for the petitioner and Mrs. Bhavani Subbaroyan, learned Additional Government Pleader taking notice for the respondent and perused the records.

(2.) THE petitioner in the present writ petition is seeking to challenge the departmental enquiry proceedings initiated against him and also appointment of Enquiry Officer by the impugned proceedings dated 14. 8. 2007 issued by the Deputy Commissioner, Armed Reserve, Chennai - 8.

(3.) A criminal case was registered against him in F. I. R. No. 27 of 2007 dated 14. 7. 2007. The allegation against him was that while he was escorting certain accused from the Puzhal Prison to Government General Hospital, one accused, by name, Sundararajan, S/o Chinnasamy, was allowed to escape. He was also placed under suspension pending enquiry by an order dated 16. 7. 2007 stating that his conduct in allowing the accused involved in a Narcotic case was reprehensible. Followed by this, a charge memo was also framed under Rule 3 (b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules [for short, 'tnpss Rules']. While the criminal case relates to the complicity of the petitioner in allowing an accused with serious charges to escape, the charge memo was issued for his negligence towards his work. It was thereafter, an Enquiry Officer has been appointed for which the petitioner wrote a letter seeking the respondent to stall the enquiry proceedings pending the criminal action. As he did not get any reply, the present writ petition has been filed seeking for a direction to defer the disciplinary action pending the investigation in Crime No. 27 of 2007 on the file of the Central Crime Branch, Egmore, Chennai.