SOMASUNDARAM Vs. SUPERINTENDENT OF POLICE KRISHNAGIRI

JUDGEMENT

(1.) THIS writ petition is filed by the peltitioner to quash the order of the respondents 1 to 4 awarding compulsory retirement.

(2.) THE petitioner entered the service of the Police Department as Grade-II Police Constable through direct recruitment in the year 1988 and transferred to District Armed Reserve, Coimbatore District in the year 1996. He was thereafter transferred to Category-I, Law and Order in February 2001. Subsequently, transferred to Dharmapuri District on 8. 1. 2002. The petitioner was on earned leave from 6. 5. 2004 and due to ill health, he did not report to duty on 10. 6. 2004. Petitioner further states that due to inter caste marriage, there were serious family discord and his wife left the matrimonial home. In view of the difficult family circumstances, he could not report to duty resulting in the order of desertion dated 13. 8. 2004. The petitioner submits that citing his shattered family life, he suffered with health problem consequent to the family trouble he requested the authorities to consider his plea for rejoining duty. Such a request was turn down by the authorities. Thereafter, a charge memo was issued under Rule 3 (b) of the Tamil Nadu Police Subordinates Service (Discipline and Appeal) Rules in PR. No. 159/g1/2004, dated 30. 11. 2004. The imputation in the charge is as follows:-

(3.) THE petitioner submitted his explanation denying the charges and also explained that he was on medical leave supported by the medical certificate issued by the competent Doctor. An enquiry officer was appointed and enquiry conducted on 23. 12. 2004. According to the petitioner, he attended the enquiry and submitted that he was on medical leave due to ill-health, which was supported by the medical certificate and pleaded his difficult family circumstances leading to his absence. The enquiry officer, taking into account the desertion order already passed against the petitioner, came to the conclusion that the charges framed against the petitioner/delinquent has been proved and placed the same before the disciplinary authority for appropriate orders.