M JANAGARAJAN Vs. SUPERINTENDENT OF POLICE TIRUPPUR DISTRICT

JUDGEMENT

(1.) The appellant was punished after subjecting him to disciplinary proceedings on account of his act of causing disrepute to the Police Department by involving in a case of dowry harassment. The appellant was subsequently punished by the Trial Court in S.C.No.88 of 2013. The disciplinary authority taking into account the sentence awarded by the Trial Court initiated a fresh proceeding invoking Rule 3(c)(i)(1) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules. The disciplinary authority having found that the appellant was convicted by a Criminal Court for an offence under Section 304(b) of the Indian Penal Code, dismissed him from service. The said order was unsuccessfully challenged before the Writ Court, resulting in filing this intra court appeal.

(2.) The learned Senior Counsel for the appellant contended that the appellant was punished for the misconduct by order dated 25 May 2005, The subsequent order of punishment dated 23 June 2014 passed by the respondent would amount to double jeopardy. The learned Senior Counsel contended that the disciplinary authority having punished the appellant for the very same misconduct was not correct in initiating a fresh proceedings in respect of the very same misconduct later.

(3.) We have also heard the learned Additional Government Pleader on behalf of the respondent.