LAWS(MAD)-2009-3-77

N SARAVANAN Vs. DIRECTOR GENERAL OF POLICE

Decided On March 31, 2009
N. SARAVANAN Appellant
V/S
DIRECTOR GENERAL OF POLICE CHENNAI-600 004 Respondents

JUDGEMENT

(1.) PETITIONER seeks writ of certiorarified mandamus to call for the records relating to the impugned order passed by the 1st Respondent in his proceedings C.No.AP.3(1)/35864/2005, dated 16.04.2005 and quash the same and consequently direct the Respondents to reinstate the PETITIONER in service with all attendant benefits.

(2.) BRIEF facts which led to the filing of Writ Petition are as follows: (i) Petitioner was appointed as Grade-II Police Constable on 24.05.1999. On completion of training he was posted to Tamilnadu Special Police XIth Battalion, Rajapalayam with effect from 09.03.2000. (ii) Petitioner was on guard duty on 06.12.2003 in Battalion office in rented building in Door No,258/1, Tenkasi Road, Rajapalayam. The guard party was consisting of Petitioner (Guard Commander) and R.Ramakrishna (Guard waiting PC) and three others. Petitioner was on guard duty from 21.00 hrs to 23.00 hrs, the 7.62mm bolt action rifle butt No,548, body No.Y.0546 of the sentry PC fixed with bayonet and scabbard was found missing. On complaint lodged by Officer Commanding Headquarters, case in Crime No,636/2003 u/s.379 IPC on the file of Rajapalayam South Police Station was registered and the case was investigated by Raman, Sub-Inspector of Police(Law&Order). (iii) By the Proceedings of the 4th Respondent in B.O.No,688/2003, in C.No.D1/10805/2003 dated 17.12.2003, the Petitioner along with all other guard personnel were placed under suspension with effect from 08.12.2003 FN. Petitioner was dealt with charge in P.R.28/2003 u/r 3(b) of Tamil Nadu Police Sub-Ordinate Services (Discipline and Appeal) Rules, 1955 for the delinquencies (i)Gross neglect of duty in having absent from guard duty from 21.00 hours to 01.00 hours on 06.12.2003 and in having gone out with guard commander (ii)Gross neglect of duty and lethargic attitude in having failed to exercise proper supervision and control over the guard PCS on 06.12.2003 as a guard commander (iii)Gross neglect of duty and slack supervision over the duty of sentry PC 422 Kanimurugan from 21.00 hrs to 23.00 hrs on 06.12.2003 which resulted in the theft of rifle Butt No,548 body No.Y 0546 possessed by PC 422 Kanimurugan while on sentry duty. (iv) Gross neglect of duty in having failed to inform the theft of rifle to the superiors and thus shirked his responsibility (v) highly reprehensible conduct in having given false information to the Adjutant Inspector during enquiry on 07.12.2003 that the was available at the Battalion office at the time of occurrence. (iv)Oral enquiry was conducted and the Petitioner was given all opportunities to defend himself during the oral enquiry. On a proved minute drawn by Assistant Commandant -1, TSP XI Battalion, the Petitioner was awarded with the punishment of "Removal from service" from the date of order by the 4th Respondent, Commandant, TSP XI Bn. Rajapalayam on 23.04.2004. (v) Aggrieved, Petitioner has preferred appeal before the 3rd Respondent Deputy Inspector General of Police by proceedings in A2/Appeal.22/04 dated 03.07.2004. 3rd Respondent rejected the appeal preferred by the Petitioner. Review petition filed by the Petitioner before the 2nd Respondent Inspector General of Police, Armed Police was also rejected. Mercy petition filed by the Petitioner was also rejected by the 1st Respondent-Director General of Police, Chennai in proceedings C.No.Ap3(1)/35864/05 dated 16.04.2005. Challenging the order of 1st Respondent, Petitioner has filed this writ petition.

(3.) LEARNED Addl.Govt.Pleader Mr.N.Senthilkumar, submitted that being Police personnel the writ petitioner was expected to maintain discipline and having regard to nature of misconduct the punishment imposed is reasonable and cannot be said to be harsh.