S XAVIER Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) (Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, to call for the records relating to the impugned order of the first respondent in P.R.No.3/2003 dated Nil as modified by the order of the second respondent in C2/10020/04 dated 04.11.2004 and quash the same.) The petitioner has come up with the present writ petition, challenging the orders of the Disciplinary Authority, the first respondent herein in P.R.No.3 of 2003 and the Appellate Authority in the proceedings C2/10020/04 dated 04.11.2004, whereby and where-under, the Disciplinary Authority has imposed the punishment of reduction of the pay scale by three stages for three years without cumulative effect and the Appellate Authority has modified the punishment by imposing the punishment of reduction in the time scale of pay by one stage for one year without cumulative effect.

(2.) ACCORDING to the petitioner, he was an Electrician at the Police Transport Workshop, Avadi. In the year 2003, a charge memo was issued in P.R.No.3 of 2002, Na.Ka.No.B2/17672/2003 dated 08.10.2003. The charge against the petitioner was that he used unparliamentary words and behaved in a disrespectful manner towards an Automobile Engineer Mr.V.Sampath Kumar on 10.09.2003. The charge was framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules (hereinafter called Rules). The petitioner submitted his explanation denying the charge. An enquiry was conducted by the Commandant TSP-III Battalion.

(3.) THE respondents have filed a counter affidavit, wherein it is stated that on 10.09.2003 at about 09.00 hours, the Automobile Engineer, Thiru V.Sampathkumar was about to leave from Avadi Workshop in his Jeep for Marutham Complex in Chennai to inspect the new vehicles to Police Department. THE petitioner went near the Jeep and asked the Automobile Engineer to relieve him from Chief Office, as Chief Office duty created a discomfort to the petitioner. THE Automobile Engineer has informed the petitioner that he was deputed to Chief Office to attend Chief Office Vehicles and that he must come back to Avadi Workshop as and when he is passported back from Chief Office. On hearing these words, the petitioner got irritated and started behaving in a disrespectful manner using unparliamentary words asked the Automobile Engineer to alight from his vehicle and to give him a reply and thereby he has committed an act of indiscipline and misconduct. In this regard, V.Sampath Kumar, submitted a report to the first respondent narrating the above incident and requested to take necessary disciplinary action against the petitioner.