T SAKTHIVEL Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner filed O. A. No. 9908 of 1997 before the Tamil Nadu Administrative Tribunal, seeking to challenge the orders, dated 1. 3. 1997 and 11. 11. 1997 passed by the first respondent, the Superintendent of Police, Kanchipuram District.

(2.) THE petitioner was working as a Grade II Police Constable. He was issued with a suspension order, dated 14. 7. 1992. Subsequently, he was given a charge memo under Rule 3 (b) of the Tamil Nadu Police Subordinate Service Rules. The charge against the petitioner was that on 7. 6. 1969, he married one Elizabeth, daughter of Thiru. Gnanaprakasam at Thiruttani as per the Hindu Marriage rites and was also carrying on family life. On 15. 12. 1989, his wife Elizabeth gave birth to a still-born girl child at VKN Clinic, Arakkonam. Thereafter, on 29. 6. 1991, he had a male child through her and it is now living with her.

(3.) ON 5. 7. 1991, he married one Latha, daughter of Thiru. Perumalpillai by a registered marriage and was living with her. On 5. 6. 1992, when he was on medical leave, he was also involved in a criminal case. An enquiry was held against the petitioner and the Enquiry Officer found the petitioner guilty of charges. On 11. 11. 1997, the petitioner was issued with a show cause notice, asking him to give his explanation on the enquiry report. Instead of furnishing his explanation, he moved the Tribunal with O. A. No. 9908 of 1997, wherein he challenged the charge memo, dated 1. 3. 1997 and the notice, dated 11. 11. 1997, asking his explanation.