N GANESAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking for issuance of a certiorarified mandamus, to quash the order passed by the respondents 1 to 3 in Rc.No.072486/AP.2(2)/2016 dated 26.01.2017, C.No.B1/AP.15/003419/2016 dated 31.03.2016, Ma.No.163/2016, Na.Ka.No.H.2/P.R.80/2015 dated 03.03.2016 respectively, and further direct the respondents to reinstate the petitioner into service with all consequential service and monetary benefits.

(2.) It appears that the petitioner was recruited as Grade II Police Constable in the Tamilnadu Special Police Special Force in the year 1999 and during the course of his employment he was posted in Vandavasi North Police Station in Tiruvannamalai District. Therefrom, he was given Special duty on the occasion of ''DEVAR GURU POOJA'' held on 28.10.2015 to 31.10.2015. The petitioner was reported duty alongwith team of officials on 28.10.2015 and served till midnight on 29.10.2015. Thereater, the petitioner without intimating his superiors left the place. According to the petitioner, he received an urgent call that his wife has been admitted in hospital sustaining head injuries. However, the petitioner returned to duty on 01.11.2015 and he was allowed to work. On 13.11.2015, the petitioner was issued with a chargememo for his unauthorised absence for duty under Rule 3 (b) of the Tamilnadu Police Subordinate Service (Disciplinary and Appeal) Rules 1995, to which, the petitioner submitted an explanation indicating the circumstances in which he remained out of duty and also in the disciplinary proceedings conducted he took the said defence. But the third respondent on conclusion of the disciplinary proceedings against the petitioner, passed an impugned order of ''removal from service'' on 03.03.2016. Aggrieved by the same, the petitioner preferred an appeal before the second respondent, which was came to be rejected vide order dated 16.03.2016. Thereafter, the petitioner sought for mercy petition to the first respondent on 005.2016, and the termination was modified into one compulsory retirement from service vide order dated 26.01.2017. The petitioner therefore, came to challenge the same in this writ petition interalia on the ground that the impugned order of holding him guilty of his unauthorised absence and the consequential order of removal from service are illgal, arbitrary more particularly, the penalty imposed is contrary to rule and circular and also shokingly disproportionate and liable to be set aside and accordingly be set aside and writ of mandamus be issued directing the respondents to take back the petitioner into service.

(3.) Counter affidavit has been filed indicating the fact that the petitioner admittedly being in the disciplinary force and assigned with the duty of maintaince of law and order during the ''DEVAR GURU POOJA'' but during the course of duty, he had left the duty without getting the permission from his superior, hence guilty of misconduct of unauthorised absence. The reasons assigned by him that no Reporting officer being available to communite his message to left duty place immediately to take care of his wife, who had sustained injuries is incorrect inasmuch as the Reporting Officer was very much available there to communicate and seek permission of him. The petitioner, therefore, without getting the permission of the Superior having left out the duty place was guilty of unauthorised absence and accordingly, a disciplinary proceeding was initiated agasint him and during the course of enquiry, it was held that the petitioner was guilty, having the misconduct of leaving the duty without permission. Since such report of the enquiry officer that the petitiner was guilty of misconduct of unauthorised absence, during the course of duty having left the duty place without permission of the Superior Officer, the punishment imposed of removal from service, which was later on converted into compulsory retirement, as such cannot be said to be disapproapriate much less shokingly disappropriate and hence, the same needs no interference.