B DHARMARAJ Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The Writ Petition is directed against the impugned order of punishment imposed by the 3rd respondent, namely, the Commandant, TSP XIII Battalion, Poonamallee, Chennai, which was confirmed by the 1st respondent, namely, the Director General of Police, Chennai in the impugned order dated 26.6.2017 thereby removing the petitioner from service on the basis of proven charges.

(2.) Learned Counsel for the petitioner submitted that the petitioner was working under the 3rd respondent in the rank of Nayak 5563. While so, on 17.12015, he was arrested and falsely implicated in a Criminal Case in Crime No.19/2015 on the file of the All Women Police Station W29, Avadi for an alleged offence under Section 8 of POCSO Act. Thereafter, by proceedings dated 18.12015, the 3rd respondent placed him under suspension and a preliminary enquiry was conducted on 21.01.2016. Following the same, a Charge Memo dated 1.2016 was issued containing four counts of charges alleging that on 17.12015, while the petitioner was Chief Guard in charge of the weapons Depot of TSP XIII Battalion, he was absent between 15.00 to 17.00 hours and during that time, he had consumed alcohol and misbehaved with a minor girl. Though the petitioner offered his explanation, not satisfied with the same, the 3rd respondent had appointed Assistant Commandant II as Enquiry Officer by his Proceedings dated 24.2016 and the Enquiry Officer submitted his report dated 23.2016 finding all the four charges as proved against the petitioner.

(3.) The learned Counsel for the petitioner further submitted that the 3rd respondent has issued the 2nd Show Cause Notice and by his Proceedings dated 14.2016 and thereafer, the petitioner was dismissed from service. Against the said dismissal order, the petitioner preferred an appeal to the 2nd respondent and the same was dismissed by order dated 6.6.2016. According to the learned Counsel, the punishment imposed was disproportionate to the alleged charges and subsequently, the petitioner was acquitted from the criminal case on 26.2016 on S.C.No.13 of 2016 on the file of the Magalir Neethi Mandram, Tiruvallur. Thereafter, the representation/Mercy Petition of the petitioner was also rejected by the 1st respondent by order dated 26.6.2017. Hence the present Writ Petition.