KANAKARAJ (DECEASED) Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Writ petition is filed praying issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent in connection with the order of dismissal from service issued by him in C.No.J3/51833/94 DO No.1038/2002 dated 21.08.2002 and quash the same and direct the respondents to implement the orders issued in C.No.J1/PR62/91 in DO No.777/94 dated 10.08.1994 regarding compulsory retirement and grant him all consequential retirement benefits.

(2.) The learned counsel for the petitioner would contend that the petitioner entered the service as a police constable in Coimbatore District in the year 1962 and he was falsely implicated in a criminal case registered in Crime No.103/88 on the file of Karamadai Police Station for offences under Section 376, 511, 323 and 4(1)(j) of TNP Act and the case was tried before the Assistant Sessions Judge, Tiruppur and the case ended in acquittal on 19.11.1994.

(3.) The learned counsel would further contend that for the same set of allegations, the first respondent proceeded with disciplinary action. During the pendency of the disciplinary proceedings and the criminal case, the petitioner was placed under suspension and the same was challenged before the Tamil Nadu Administrative Tribunal in O.A.No.445 of 1992 and the Tribunal by order date 28.04.1992 was pleased to stay the disciplinary proceedings. The disciplinary proceedings has not been concluded, but the petitioner was imposed with a major penalty of compulsory retirement from service vide order of the Superintendent of Police, Coimbatore District on 10.08.1994. The Tribunal vide order dated 19.08.1994 made in O.A.No.4295 of 1994 stayed the order of compulsory retirement from service initially for a period of 3 weeks and subsequently, it was extended until further orders and based on which, the Superintendent of Police vide order dated 05.09.1994 revoked the orders of compulsory retirement from service and reinstated the petitioner into service. Later on, the said O.A was transferred to this Court and numbered as W.P.No.16653 of 2006 and was withdrawn on 04.02.2008.