P GOPALA KRISHNAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

(2.) THE brief facts of the case are as follows: THE petitioner had entered the service in the Police Department as a Police Constable, on 14.8.1968. He was promoted as Grade-I Police Constable in the year, 1989. Subsequently, he was reverted as Grade-II Police Constable in the same year. He was placed under suspension by the respondent by his proceedings, dated 14.5.1993, based on an allegation that he, along with some other police constables was involved in beating one Mani, an auto rickshaw driver, on 11.4.1992, leading to his death. Hence, a criminal enquiry was pending against him and a criminal prosecution had also been initiated. THE petitioner had challenged the suspension order before the Tamil Nadu Administrative Tribunal in O.A.No,3947 of 1993. Based on the order of stay granted by the Tribunal, on 8.7.1993, the petitioner was reinstated in service, by an order of the respondent, dated 21.7.1993. THE petitioner had also been acquitted in a criminal case initiated against him by an order, dated 14.5.1995, in S.C.No,26 of 1995. In the departmental enquiry it was held that the charges against the petitioner had not been proved. In such circumstances, the period of suspension of the petitioner from 15.5.1993 to 21.7.1993 is to be treated as duty period.