GOVERNMENT OF TAMIL NADU Vs. R PUGALENTHI

JUDGEMENT

(1.) Instant writ appeal is filed against the order made in W.P.No.35533 of 2016, dated 18.10.2016, by which the writ court after considering the judgment of the Hon'ble Supreme Court in Shri Bhagwan Lalarya vs. Commissioner of Police, 2004 4 SCC 560, allowed the writ petition and the matter was remitted back to the disciplinary authority viz., the Superintendent of Police, Railways, Trichy, the 4th appellant herein, to reconsider the same with regard to the quantum of punishment imposed on the writ petitioner/respondent and to pass fresh orders, within a period of six weeks from the date of receipt of a copy of the order. Writ Court also made it clear that in the event of the quantum of punishment was reduced, the writ petitioner shall not claim backwages for the period in which he has not performed his duty.

(2.) Shorts facts leading to the filing of the appeal are that, on 17.01.1987, writ petitioner/respondent was directly recruited as Grade II Police Constable and was promoted as Grade I Police Constable on 17.06.1998 and as Head Constable on 8.08.2002. While so, on 19.01.2004, since he was suffering from severe stomach pain, he was unable to attend duty on 20.01.2004. Thereafter, on 30.1.2004, he reported for duty along with medical certificate. However, he was instructed to report SRP / RLY and as such, he reported before him on 5.4.2004. Thereafter, on 5.4.2004, he was taken to duty, but, later, departmental proceedings, were initiated against him and after enquiry, vide order dated 06.10.2004, he was removed from service.

(3.) Challenging the same, writ petitioner/respondent, has preferred an Appeal No.17/2004, dated 29.11.2004. Vide proceedings in R.C.No.A2/8005/2004, dated 29.12.2004, the Deputy Inspector General of Police, Railways, Chennai, has rejected the said appeal. Thereafter, he has filed a review petition dated 18.03.2005. Ultimately, he has also filed an appeal, dated 9.11.2005, to the Principal Secretary to the Government, Home Department, Chennai, the 1st appellant herein. Since his appeal alongwith various representations, were not considered, he filed a writ petition before this Court in W.P.No.25654 of 2015 and vide order dated 18.08.2015, this Court has directed the first appellant herein, to consider the representation of the writ petitioner, dated 27.07.2015.