V.SENTHILKUMAR Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The case of the petitioner is that he was selected as Grade II Police Constable in the year 2003 and he upgraded as grade I Police Constable. Then, he was promoted to the post of Head Constable in the year 2008 at Coimbatore District. Thereafter, he was transferred and posted to Economic offences Wing from the month of April 2012 till the month of July 2015. During his tenure the petitioner and others had committed fraud in the Private company, due to which the charge memo was issued on 11.01.2016 as against the petitioner. Challenging the same the Writ Petition is filed.

(2.) The grievance of the petitioner is that the Charge Memo is illegal and is liable to be quashed on the ground that

(3.) The learned counsel for the petitioner submitted that on earlier occasion the petitioner approached this Court in W.P.No.9035 of 2016, directing the respondents to keep the disciplinary proceedings based on the charge memo dated 11.01.2016 in abeyance pending disposal of the Criminal case registered in Crime No.541 of 2015 pending on the file of the Veerapandi Police Station and the said writ petition was withdrawn with liberty to file a fresh petition. Therefore, the petitioner again filed W.P.No.23570 of 2016 for the very same prayer and the same was dismissed on 22.07.2016. Aggrieved against the same, the petitioner has filed an appeal before this Court in W.A.No.1280 of 2016. Subsequently, when the matter was taken up on board on 16.07.2018 the Hon'ble Division Bench was pleased to dismiss the writ appeal confirming the order of the learned Single Judge. The charge sheet had been laid out in the said case and the same had been taken on file as CC. No.167 of 2018. It is to be pointed out at this juncture that the charge memo dated 11.01.2016 was issued during the pendency of the investigation in Cr.No.541 of 2015. The investigation in the Criminal case has been completed and the charge had been laid before the competent Criminal Court and the same had been taken on file in C.C.No. 167 of 2018. If the enquiry is allowed to be proceeded in this fact and circumstances, the petitioner will be put to irreparable loss and grave hardships.