LAWS(MAD)-2009-1-81

M P MAHALINGAM Vs. ADDITIONAL DIRECTOR GENERAL

Decided On January 22, 2009
MADHYA PRADESHMAHALINGAM Appellant
V/S
ADDITIONAL DIRECTOR GENERAL Respondents

JUDGEMENT

(1.) HEARD Mr. D. Peter Francis, learned counsel appearing for the petitioner and Mr.Neelakantan, learned Government Advocate appearing for the respondents.

(2.) THE present writ petition is filed against the order dated 16.2.2004 where under the Original Application No,3701 of 2003 filed by the present petitioner before the State Administrative Tribunal has been dismissed. Such original application was filed for quashing an order of punishment of compulsory retirement from service imposed after holding a departmental enquiry against the present petitioner. THE substance of the allegation in the departmental proceeding was to the effect that even though a complaint was filed by a victim girl aged 15 years, no FIR was registered for a long period and only subsequently when a further complaint was filed by the same victim stating that she was being threatened by the alleged culprit and on the intervention of the superior officer, the complaint was registered by the present petitioner, who at that time was the Inspector of Police incharge of Othakkadai Police Station.

(3.) LEARNED counsel for the petitioner also submitted that even assuming that there was dereliction of duty, keeping in view the fact that the election was around the corner at the relevant time and the petitioner had other duties to be discharged, the punishment of compulsory retirement is grossly disproportionate. We do not think that this submission can never be countenanced keeping in view the fact that there was unjustified delay in registering the case where serious allegations have been made by a minor victim.