C FRANCIS Vs. V BATTALION AVADI

JUDGEMENT

(1.) THE Original Application in O.A.No,741 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the "Tribunal") is the present writ petition.

(2.) THE petitioner joined the services as Grade - II Police Constable on 15.04.1997 in the Tamil Nadu Special Police VIII Battalion, Veerapuram, Avadi, Chennai. He was sent on deputation to serve in the Special Police Battalion, New Delhi, in March 1999. However, he did not join duty at New Delhi. Hence, he was declared as a deserter. THEreafter, a disciplinary proceeding was initiated for desertion and he was dismissed from service by the respondent by an order dated 15.10.1999 in PR No,21 of 1999.

(3.) AFTER joining duty, a charge memo dated 29.11.2001 was issued to the petitioner, by the respondent, alleging that he was involved in a criminal case of murder of one Masilamani on 09.08.1999 along with others, which was registered on the file of E.3 Korattur Police Station, in Crime No,970 of 1999 under Section 302 IPC, while he was a deserter. An enquiry was conducted by the Assistant Commandant, Tamil Nadu Special Police V Battalion, Avadi, Chennai. In the enquiry, three witness were examined and six documents were marked as exhibits. Based on the enquiry, the Enquiry Officer recorded a finding of guilt.