N ANBALAGAN Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE challenge in this writ petition is to the charge memo in C.No.J1/PR.36/ER/2010 dated 3.12.2010, with a prayer to quash the same.

(2.) THE case of the petitioner is that he was appointed as Sub-Inspector of Police by direct recruitment and joined the service on 28.09.1987. He was promoted to the post of Inspector of Police on 28.11.1998 and till date he is having unblemished record of service. THE petitioner was forced to take leave from 15.08.2009 to 08.12.2009 due to serious illness caused because of an accident met with by him in the course of his employment on 19.04.2009 at 10.30 p.m near Mayanur Police Station, Karur District. THE bus in which the petitioner travelled in connection with official duty as Inspector of Police, Kodumudi, dashed against a sand lorry and three passengers died on the spot and 18 were seriously injured. THE petitioner also sustained grievous injuries on the legs and on his head and he is not able to walk freely.

(3.) MR.R.Singaravelan, learned counsel appearing for the petitioner contended that the petitioner has obtained prior permission before going on medical leave. It is further contended that even assuming if not admitting he has not obtained any prior permission, as per the admitted factor by the respondent herein, the said period of medical leave was already ratified by the Medical Board and as such, the petitioner is not liable to be proceeded on the allegation of availing medical leave without obtaining prior permission. The learned counsel for the petitioner also submitted that the petitioner has applied for sanction of prior permission for availing medical leave and got the sanction and on consideration of the said application, the Medical Board ratified the said period of leave and thereby the absence of the petitioner during the relevant period has been regularized. The learned counsel for the petitioner, in support of his contentions, would place reliance on the following decisions: