R.SENTHIL KUMAR Vs. PRINCIPAL SECRETARY HOME

JUDGEMENT

(1.) These Writ Petitions have been filed seeking to quash G.O. (2D)No.104, dated 02.05.2017, issued by the first respondent, and the impugned order passed by the second respondent, in Endorsement in Rc.No.208528/NGB-I(1)/2009, dated 11.07.2017 and also a consequential direction to the respondents to promote the petitioner as Inspector of Police with effect from the date when his juniors were promoted, i.e., on 26.05.2009, with all consequential monetary benefits.

(2.) The petitioner while working as Sub-Inspector of Police in Trichy Railway Police Station on 22.01.2007, one Saivam was arrested by the Railway Police in connection with a theft case. A case in Crime No.67 of 2017 was registered against the said Saivam, who was arrested by the Railway Police. While on transit the said Selvam to Madurai in connection with the above said case, the said Saivam jumped from the running train and subsequently, died on account of the injuries sustained by him. In this regard, a case in Crime No.69 of 2007 was registered.

(3.) In view of the death of the said Saivam, the disciplinary action was initiated against the petitioner and other police personnel. A charge memo dated 18.11.2009, was issued to the petitioner, containing four charges. The petitioner gave explanation to the said charge memo. Not being satisfied with the explanation, an Enquiry Officer was appointed. The Enquiry Officer after conclusion of enquiry, filed a report on 08.06.2013, holding that the charges 1 and 3 were not proved and charges 2 and 4 alone were proved. The petitioner submitted his further representation on 22.10.2013. According to the learned counsel appearing for the petitioner, when the first charge is not proved, the second charge is also not proved. As far as fourth charge is concerned, the Duty Register is maintained only by the Station House Officer, the Inspector of Police. The petitioner is only Sub-Inspector of Police and the records are maintained only by the Inspector of Police. As Station House Officer, the Inspector of Police alone must maintain the Duty Register. Without considering the materials, by the impugned G.O.(2D)No.104, Home (Police 2) Department, dated 02.05.2017, the first respondent imposed punishment of stoppage of increment for a period of two years without cumulative effect on the petitioner. The learned counsel appearing for the petitioner contended that the petitioner is still in entry cadre and the panel for promotion to the post of Deputy Superintendent of Police is being prepared.