K KRISHNAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) ORIGINAL Application No.168 of 2001 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as Writ Petition No,362 of 2007, seeking for a writ of Mandamus to direct the respondent to treat the period of suspension from 14.5.1993 to 21.7.1993 as duty for all purposes and grant him such other reliefs.) Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

(2.) THE brief facts of the case are as follows: THE petitioner had entered the service in the Police Department as a Police Constable, on 8.12.1973. He was placed under suspension by the respondent by his proceedings, dated 14.5.1993, based on an allegation that he, along with some other police constables was involved in beating one Mani, an auto rickshaw driver, on 11.4.1992, leading to his death. Hence, a criminal enquiry was pending against him and a criminal prosecution had also been initiated. THE petitioner had challenged the suspension order before the Tamil Nadu Administrative Tribunal in O.A.No,3943 of 1993. Based on the order of stay granted by the Tribunal, on 8.7.1993, the petitioner was reinstated in service, by an order of the respondent, dated 21.7.1993. THE petitioner had also been acquitted in a criminal case initiated against him by an order, dated 14.5.1995, in S.C.No,26 of 1995. In the departmental enquiry it was held that the charges against the petitioner had not been proved. In such circumstances, the period of suspension of the petitioner from 14.5.1993 to 21.7.1993 is to be treated as duty period.