DURAI Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This Writ Petition has been filed seeking to quash the proceedings of the first respondent in Rc.No.118305/AP.2(1)/2015, dated 21.06.2016, by confirming the order passed by the second respondent in Na.Ka.No.C4/Me.Mu.32/2015, dated 06.05.2015 and also by confirming the order passed by the third respondent in C.No.F1/P.R.No.142/2013, dated 18.02.2015, and a consequential direction to the respondents herein to regularize the period of petitioner's suspension as duty period and allow the petitioner to retire from service on the date of superannuation w.e.f. 30.04.2014 with all attendant benefits.

(2.) The petitioner while working as Special Sub-Inspector of Police at North Police Station, Erode, by the order dated 13.05.2013, was suspended from service. A charge memo dated 22.12.2013, containing two charges was issued to the petitioner. The petitioner filed W.P.(MD)No.1734 of 2014 challenging the said charge memo. This Court, by order dated 23.04.2014, dismissed the said Writ Petition, directing the third respondent to complete the disciplinary proceedings initiated against the petitioner, within three months from the date of receipt of a copy of that order. While so, the petitioner attained the age of superannuation on 30.04.2014. The third respondent, by the order dated 30.04.2014, retained the petitioner in service until the disposal of the Writ Petition filed by the petitioner. Against the order passed in W.P.(MD)No.1734 of 2014, dated 23.04.2014, the petitioner filed W.A.(MD)No.907 of 2014. This Court, by order dated 21.07.2014, dismissed the said Writ Appeal directing the third respondent to complete the disciplinary proceedings initiated against the petitioner, within three months from the date of receipt of a copy of that judgment.

(3.) The learned counsel appearing for the petitioner submitted that on 14.03.2013 at 07.30 p.m., a murder had occurred and on complaint, the same was registered on 15.03.2013 as Crime No. 173 of 2013 under Sections 302, 307 and 324 IPC, on the file of the Town Police Station, Erode. The Investigating Officer after investigation, filed charge sheet on 28.08.2013. The petitioner is not arrayed as an accused. The Enquiry Officer, by his letter dated 10.04.2013, requested the Deputy Superintendent of Police, Erode, to take disciplinary action against the petitioner, as he contacted the accused over phone on 14.03.2013. The Deputy Superintendent of Police, Erode, vide his letter dated 11.04.2013, requested the Superintendent of Police, Erode, to take disciplinary action against the petitioner. Based on the request of the Investigating Officer dated 10.04.2013 and the letter of the Deputy Superintendent of Police, Erode, dated 11.04.2013, the petitioner was suspended from service on 13.05.2013 and the charge memo dated 22.12.2013 was issued to him.