K CHIDAMBARAM Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed under Article 226 of the Constitution of India for the issuance of a writ, quashing the order of the third respondent dated 11th September 1978, dismissing the petitioner from service and orders of respondents 2 and 1 dated 19th July 1979 and 1st December 1982 respectively, confirming the said order of the third respondent and pass such further or other order as this Court may deem fit and proper in the circumstances of the case.

(2.) THE petitioner entered the Tamil Nadu Police Subordinate Service as Sub Inspector of Police in 1976. A charge memo was served on him, cataloguing eight charges and a departmental enquiry was held. On the basis of the report of the Enquiring Officer, the third respondent by his memo dated 4th July 1978 informed the petitioner that charges 1 to 6 and 8 were proved and the petitioner was called upon to show cause why the punishment of dismissal should not be inflicted on him. The petitioner was granted time and it was further extended upto 31st August 1978. On 29th August 1978 he sent his representation through K. Chidambaram vs. Govt. of Tamil Nadu and Ors. (31. 10. 1988 -MADHC) Page 2 of 4 the Deputy Superintendent of Police, Mettur. There was some delay on the part of the Deputy Superintendent of Police in forwarding the petitioner's representation. As a result, the third respondent passed an order of dismissal by his order dated 11th September 1978 in his Reference C. No. PR. 14/78 without considering the representation of the petitioner. The petitioner preferred an appeal to the second respondent, the Inspector General of Police, but it was dismissed in his proceedings C. No. 2323/ap-1/79 dated 19th July 1979. The petitioner preferred a revision before the first respondent, the Government of Tamil Nadu, which dismissed the same in G. O. Rt. No. 5401 dated 1st December 1982. Hence, this writ petition.

(3.) THE petition is resisted by the respondents and a counter affidavit has been filed by the Deputy Secretary to Government, Home Department.