C. NATESH Vs. DIRECTOR GENERAL OF POLICE, CHENNAI

JUDGEMENT

(1.) This Writ Petition is filed for issuing a Writ of Certiorarified Mandamus, to quash the impugned order passed by the first respondent, dated 05.07.2012, confirming the order passed by the second respondent in his proceedings, 15.02.2011, which is also one confirming the order passed by the third respondent, dated 16.12.2010 and for a direction to reinstate the petitioner in service with all attendant benefits.

(2.) The petitioner was selected as Police Constable Grade-II in the recruitment held in 2009-10. While the petitioner was undergoing training, the third respondent initiated proceedings under Rule 3(b) of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, with the following charges:

(3.) Pursuant to the issuance of charge memo, the petitioner was also suspended from service. It is admitted that the petitioner had an affair with a girl, before he was selected and that the girl gave a criminal complaint against the petitioner for the offences punishable under Sections 417, 420 and 506(i) of IPC. After the criminal case was registered in Cr. No. 745 of 2010 on the file of the Palayamkottai Police Station, the charge sheet was also filed against the petitioner. Later, the criminal complaint was taken on file in C.C. No. 344 of 2013. In the meanwhile, an Enquiry Officer was appointed and after giving sufficient opportunity to the petitioner to submit his further explanation to the charge memo, the Enquiry Officer found the petitioner guilty of charges. On the basis of the report submitted by the Enquiry Officer, the third respondent has removed the petitioner from service, by order, dated 16.12.2010. The order of third respondent was challenged by the petitioner by an appeal before the second respondent and the second respondent also, by order, dated 15.02.2011, dismissed the appeal by referring to the fact that the explanation submitted by the appellant/petitioner was not convincing and that the findings of the Disciplinary Authority and the Original Authority imposing the punishment, commensurate with gravity of delinquency. The order of second respondent was also confirmed by the first respondent, by order, dated 05.07.2012. Aggrieved by the same, the above Writ Petition is filed.