S CHIDAMBARAM Vs. ADDITIONAL DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) PETITIONER seeks writ of certiorarified Mandamus to quash the proceedings of the first and second respondents dated 05.10.2006 and 26.03.2005 issued in No,25751/EW1/2006 and in No,20674/Po4/2004 and consequently to direct the second respondent to reinstate the petitioner with full back wages.

(2.) PETITIONER Grade-II Warden was selected through employment exchange and he was working in the Department for the past 22 years. On 06.09.2004, he was assigned duty from 6.00 pm to 9.00 P.M, in special Sub Jail Coimbatore Block No.1, where high security risk prisoner-s viz., Ul-Umma Prisoners and prisoners of many banned organisations are lodged. After lock-up, when the Special Team went to search in 20th cell, the petitioner was alleged to have informed the searching to the prisoners through gestures. When the petitioner was searched on suspicion, an amount of Rs.160/- and a pocket diary with various Telephone numbers have been recovered from him. In the 20th cell, the following contraband articles were seized from the prisoners:- (i) One Tobacco Packet(24 Numbers), (ii) Beedi one pocket, (iii) One cigar light and (iv) Cell phone charges with adopter.

(3.) CHALLENGING the impugned orders imposing the punishment of compulsory retirement and also the order of Appellate Authority, the learned counsel for the petitioner contended that it is a case of no evidence against the petitioner and the petitioner ought not to have been found guilty. It was further argued that evidence on record would not substantiate the charges. Drawing court's attention to the punishment imposed on others i.e., stoppage of increments for three others, the learned counsel for the petitioner submitted that all other persons were imposed lesser punishment, whereas only the petitioner was imposed grave punishment of compulsory retirement and the petitioner was discriminated against.