P DAISY Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The charge memo issued by the third respondent in proceeding dated 15.3.2011, is under challenge in this Writ Petition.

(2.) The learned counsel for the Writ Petitioner states that a criminal case was registered against the Writ Petitioner in Special C.C.No.5 of 2011, on the file of the Chief Judicial Magistrate, Thiruchirappalli. Thus the departmental disciplinary proceedings are to be kept in abeyance till the final disposal of the criminal case. In other words, the learned counsel for the Writ Petitioner raised a sole ground that simultaneous proceedings are not permissible and the disciplinary authorities have to wait till the final disposal of the criminal case.

(3.) The Writ Petitioner was appointed as Grade-I Constable on 11.2.1981 in Tamil Nadu Police Service and promoted as Head Constable in the year 1996. Further promotion was granted as Sub-Inspector of Police to the Writ Petitioner on 20.10.2004 and she was working in All Women Police Station, Musiri, since 2008. On account of the allegation of demand and acceptance of bribe, the Vigilance and Anti-Corruption Wing registered a criminal case against the Writ Petitioner in Crime No.20 of 2009. The Petitioner was remanded to judicial custody and thereafter, enlarged on bail by the Chief Judicial Magistrate, Tiruchirappalli. Consequent to the registration of the criminal case, the Writ Petitioner was placed under suspension in proceeding, dated 8.8.2009 and charge-memo was issued against the Writ Petitioner under Rule (3)(b) of the Tamil Nadu Police Subordinate Service(Discipline and Appeal)Rules. The Charges against the Writ Petitioner are extracted as under: