C KAMARAJ Vs. SUPERINTENDENT OF POLICE, THANJAVUR DISTRICT

JUDGEMENT

(1.) The appellant was appointed as Grade-II Police Constable by way of direct recruitment by the Tamil Nadu Uniformed Services Recruitment Board in the year 1994. On successful completion of training and probation, he was posted in the District Armed Reserve, Perambalur in June 1998. Thereafter, he was transferred to District Armed Reserve, Trichy District in June 2000. Subsequently, he was posted as Grade-I Police Constable in June 2004. While so, he was implicated in a criminal case and he was shown as accused for committing offences under various sections of the Indian Penal Code. The criminal cases foisted against him ended in acquittal by the judgment made in C.C.Nos.812 and 819 of 2006 dated 09.02.2007. Thereafter, he was issued with a Departmental Charge Memo under Rule 3(b) of the Tamil Nadu Police Subordinate Service Rules. The charges framed were that he absented himself for duty without prior permission from the forenoon of 15.12.2005, after availing one day casual leave on 14.12.2005 and also for the act of involvement in a rioting occurred in Punnianallur Big Street in Ayyampettai Police Station limits while assaulting one Ramanathan on 14.12.2005. The Departmental enquiry was completed and the enquiry report was submitted holding the charges proved, in respect of the appellant. On receipt of the explanation from the appellant, the disciplinary authority imposed a punishment of postponement of increment for a period of two years with cumulative effect by order dated 09.08.2008. An appeal preferred by the appellant against the said order was returned without any order being passed on merits on the ground that the appeal was preferred beyond the period of limitation. The appellant preferred a petition before the third respondent, who in turn, issued a show cause notice to the appellant on 22.03.2010 stating that the appellant was involved in a quarrel by assaulting a member of the police force and therefore the punishment imposed on him by the disciplinary authority was not commensurate with the gravity of misconduct proved against him.

(2.) On receipt of the explanation from the appellant in respect of the show cause notice, the third respondent passed an order on 19.02.2011 enhancing the penalty of punishment to 'reduction in rank for a period of two years'.

(3.) The appellant filed a writ petition in W.P.No.13377 of 2011 challenging the orders passed by the respondents 1 to 3 dated 09.08.2008, 12.01.2009 and 19.02.2011. The said writ petition was dismissed as devoid of merits by order dated 15.11.2017. Challenging the same, the present appeal has been filed.