V CHINNANAN Vs. DEPUTY COMMISSIONER OF POLICE (CRIMES)

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to forbear the respondent from proceeding further in P.R.No.83 of 2010, dated 11.08.2010, pending investigation in a criminal case in Crime No.29 of 2010 on the file of the Central Crime Branch, Madurai City, Madurai.

(2.) The learned counsel for the petitioner states that the writ petitioner has joined in the Tamil Nadu Police in the year 1986 and posted in the Armed Reserve Branch of the Tamil Nadu Police. The petitioner was further promoted to the post of Head Constable in the Crime Branch. On account of certain allegations, a criminal case was registered against the writ petitioner in Crime No.29 of 2010 under Sections 406, 420, 463 and 471 of I.P.C. Simultaneously, the departmental disciplinary proceedings were initiated against the writ petitioner in charge memo dated 11.08.2010. The charges against the writ petitioner are as under:

(3.) On a perusal of the charge memo, Annexure - I provides the charge, Annexure - II provides the statement of imputations and Annexure - III provides the list of documents and Annexure - 4 denotes the list of witnesses. On a perusal of the charge, this Court is of the opinion that the allegations relating to the preparation of a forged missing certificate and further forged the signatures. Though the same remains as an allegation, it is for the disciplinary authority to conduct the enquiry proceedings and cull out the truth in respect of the allegations. So also it is left open to the writ petitioner to participate in the enquiry proceedings and prove his innocence in accordance with the Rules and by availing the opportunity to be provided. Instead of facing the enquiry, the present writ petition is filed only with an idea to prolong and protract the issue.