N. SAMIDURAI [DIED] AND OTHERS Vs. THE PRINCIPAL SECRETARY TO GOVERNMENT, THE STATE OF TAMIL NADU, AND ST. GEORGE FORT, CHENNAI AND OTHERS

JUDGEMENT

(1.) This appeal filed by Mrs. Rani, wife of N. Samidurai, the original writ petitioner, [since deceased], is against a Judgement and order dated 15.02.2017 passed by the learned Single Bench, dismissing the Writ Petition filed by N. Samidurai [since deceased], challenging inter alia an order of punishment of compulsory retirement imposed on him. While the writ petition was pending N. Samdurai died. After the death of N. Samidurai, his widow, Mrs. Rani and his other heirs got themselves substituted as writ petitioners in his place.

(2.) N. Samidurai [since deceased] was recruited as Grade II Police Constable and joined service on 17th January 1986. It is stated that from the date of his joining, he had an unblemished service record with no adverse remarks against him.

(3.) However, a charge sheet was issued against N. Samidurai [since deceased], on 22nd April 2011, alleging misconduct in relation to a criminal case being Crime No.61 of 1997, under Sections 376, 302 and 201 of the Indian Penal Code, in which one Mr. Krishnamoorthy was named accused. The said Krishnamoorthy was alleged to have raped and murdered a girl 'X'. After Krishnamoorthy pleaded guilty, he was sentenced inter alia to imprisonment for eight years. After his release, Krishnamoorthy found out that the victim 'X' was alive. Thereafter, he complained that he had been forced to make a confession, as he had been tortured.