JEYASUTHA Vs. SUPERINTENDENT OF POLICE THENI, THENI DISTRICT

JUDGEMENT

(1.) The charge memo, dated 08.07.2014, issued by the respondent, under Rule 3(b) of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955, (hereinafter, referred to as "the Discipline and Appeal Rules"), is under challenge in the present writ petition.

(2.) The writ petitioner was appointed as a Women Police Constable on 31.10.1997 and promoted as Grade-I Police Constable on 31.10.2007. Subsequently, she was promoted as Women Head Constable on 31.10.2012. On account of certain allegations, a criminal case in Crime No. 280 of 2014 was registered, by the Chinnamanoor Police, against the writ petitioner. The writ petitioner challenged the charge memo before this Court by filing W.P. (MD) No. 12203 of 2014 and on account of the interim order of stay granted by this Court, the departmental disciplinary proceedings initiated against the writ petitioner were kept in abeyance. However, during the pendency of the writ petition, the criminal case was ended with an order of acquittal dated 13.10.2014, in C.C. No. 210 of 2014, passed by the learned Judicial Magistrate, Uthamapalayam. Now, the present writ petition is filed challenging the very same charge memo, dated 08.07.2014, issued by the respondent.

(3.) The learned counsel for the writ petitioner states that the writ petitioner was acquitted from the criminal case and therefore, the impugned charge memo is liable to be quashed. Further, it is contended that the charge memo was kept in abeyance on account of the interim order of stay granted by this Court and now, after a lapse of many years, the Department cannot be allowed to proceed with the disciplinary proceedings.