N PANDURANGAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order of punishment imposed on the petitioner dated 29.11.1998. THE nature of punishment is for reduction in time scale of pay by one stage for one year with cumulative effect.

(2.) THE delinquency alleged against the petitioner reads as follows: "Gross neglect of duty in having failed to watch illicit activities of Bootleggers to collect and furnish information to the Inspector of Police, Kondalampatti Circle, about the selling of illicit arrack by one Tmt. Nachayee, age 40, w/o late Perumal Nadar of Dasanaickenpatti which resulted in the death of two persons after consuming I.D.Arrack sold by her on 28.11.1996." THE learned Senior counsel for the petitioner submitted that several persons were proceeded for the same charge and the Grade I Police Constables who were inflicted with the same punishment have filed O.A.Nos. 7654 to 7657 of 1999 and the Tribunal by a common order dated 26.5.2004, set aside the order of punishment by holding as follows: "12. It is not the case of the department that these Police Officers and men have been receiving mamool from Nachayee and allowed her to freely sell I.D.Arrack. In fact in cross examination, it has been elicited from 2 Police Officers examined during enquiry that Police have put as many as 7 cases against her during 1995-96. As already stated she was lastly booked by Mallur Police on 11.9.1996. All these cases registered against Nachayee Ammal are in respect of violation of Prohibition Act. In all cases she has been charged under 4(1)(A) sale of I.D.Arrack. THErefore it cannot be stated that these applicants have failed to keep watch over the activities of bootlegger Nachayee. THEre is no evidence let in to show that death was due to consumption of liquor supplied by Nachayee and it has been elicited from the Police Officers in cross-examination that Nachayee has been dealt with on more than one occasion and therefore charge that applicants and other officers and men of Mallur Police Station have failed in their duty in keeping watch over bootlegger Nachayee cannot be sustained. THE allegations are not substantiated. THErefore the Enquiry Officer has correctly held that charge is not proved. 13. THE D.I.G. Of Police has made general and vague allegations about the lapses allegedly committed by these applicants and other officers of Mallur Police Station. He has not referred to actual evidence made available during the enquiry. THErefore, punishment imposed by DIG Of Police, Vellore is based on no evidence and therefore the punishment is liable to be set aside. 14. In the result all these applications are allowed and the punishment imposed on the applicants are set aside."