R KANNAN Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE prayer in this writ petition is to quash the order passed by the second respondent dated 18.8.1998 confirmed by the first respondent in his proceedings dated 10.12.1998 with all consequential service and monetary benefits.

(2.) BY the impugned order passed by the second respondent, the petitioner, who is working as a Police Constable, Armed Reserve, Karur is imposed with a punishment of stoppage of increment for one year without cumulative effect on the charge of his highly reprehensible conduct in having assaulted Police Constable (P.C.No.3091) named Murugan on 24.3.1998 at 21.30 hours and caused bleeding injuries on his lips and thereby involved in Vangal Police Station Crime No.179 of 1998 under Sections 341 and 323 of the Indian Penal Code. The said order is challenged on the ground that he was served with a charge memo under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 (hereinafter referred to as the "Rules) by the first respondent on 10.4.1998 by stating the above said charge and by proceedings dated 15.4.1998, the petitioner was given seven days' time to submit his explanation to the above charge and before receiving the explanation, the Enquiry Officer was appointed. The Enquiry Officer, who is the third respondent directed the petitioner to appear for oral enquiry on 21.4.1998 and therefore, there is a violation of statutory rule under Rule 3(b) of the Rules.

(3.) IT is also stated in the counter affidavit that the petitioner has not submitted any explanation within seven days. The Deputy Superintendent of Police, Armed Reserve, Karur has commenced the oral enquiry on 21.4.1998 i.e. after the expiry of ten days from the date of receipt of the charge memo. The petitioner has also fully participated in the enquiry without any hesitation and therefore, there is no violation of any statutory provision.