S SAMDICKSON Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE Original Application in O.A.No.1083 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as "the Tribunal") is now Writ Petition in W.P.No,5724 of 2007 before this Court.

(2.) ORIGINALLY, O.A.No.1083 of 2002 (W.P.No,5724 of 2007) was filed by Mr.S.Samdickson, who was dismissed from service, when he was employed as the Inspector of Police in Protection of Civil Rights Unit, Thoothukudi. While the writ petition is pending, he died on 09.12.2005. Thereafter his wife got impleaded as his legal heir.

(3.) AN enquiry was conducted by the Additional Superintendent of Police, District Crime Record Bureau, Thoothukudi District. The enquiry was conducted on 26.02.2001 and 28.02.2001. The delinquent employee did not appear as he was not well. Based on the exparte enquiry, the Enquiry Officer recorded a finding dated 22.05.2001, holding that the charges were found established. Based on the said report, the first respondent passed the dismissal order dated 16.02.2002, after hearing the petitioner on the findings of the Enquiry Officer. The second respondent passed a consequential order dated 18.02.2002. The original petitioner filed O.A.1083 of 2002 (W.P.No,5724 of 2007) to quash the order dated 16.02.2002 of the first respondent and a consequential order dated 18.02.2002 of the second respondent and for a direction to permit him to retire from service with effect from 31.10.2000 with all consequential monetary and service benefits.