K GOVINDARAJ Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) ORIGINAL Application No,746 of 2001 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as Writ Petition No,292 of 2007, seeking for a writ of Certiorarified Mandamus, to call for the records and to quash the impugned order of compulsory retirement from service passed by the second respondent herein in his proceedings in P.R.41/2000, dated 31.7.2000, and confirmed by the first respondent in his proceedings C.No.D2/Ap-133/DIG-TAN/2000, dated 12.12.2000, and direct the respondents to reinstate the applicant into service with all consequential monetary and service benefits.) Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

(2.) THIS writ petition has been filed to call for and quash the proceedings of the second respondent, in P.R.41/2000, dated 31.7.2000, as confirmed by the first respondent in his proceedings C.No.D2/Ap-133/DIG-TAN/2000, dated 12.12.2000, compulsorily retiring the petitioner from service and to direct the respondents to reinstate the petitioner into service with all consequential, monetary and service benefits.

(3.) IT has been further stated that an oral enquiry had been conducted, based on the charges levelled against the petitioner. The petitioner had submitted that he was unable to report for duty during the relevant period due to his ill-health and due to certain family problems. However, without properly considering the explanation submitted by the petitioner, the enquiry officer had concluded the enquiry stating that the charge against the petitioner had been proved. On 31.7.2000, the second respondent had issued the impugned proceedings, awarding the major punishment of compulsory retirement from service to the petitioner, contrary to the guidelines issued by the Director General of Police, in his proceedings R.C.No,243881/AP.I(1)/90, dated 30.10.1990. The appeal preferred by the petitioner to the first respondent, on 6.11.2000, had been rejected in his proceedings, dated 12.12.2000, impugned in the present writ petition.