A KARUNAKARAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorarified Mandamus to quash the impugned Order of the 3rd Respondent dated 10. 8. 2005 enhancing the punishment from dismissal of service and consequential order of the 1st Respondent dated 25. 9. 2005 rejecting the mercy Petition submitted by the Petitioner and directing the Respondents to reinstate the Petitioner in service with all consequential monetary and service benefits.

(2.) BRIEF facts which led to the filing of Writ Petition are as follows:-

(3.) RESPONDENTS have filed counter stating that during the service, Petitioner has earned four punishments. According to the Respondents on 14. 2. 2004, Petitioner was deputed for guard duty at Convict Ward at Coimbatore Medical College Hospital, Coimbatore found absent between 14. 00 hours and 23. 45 hours and later Petitioner behaved in an indisciplined manner by abusing Head Constable 694 Raman who was also at guard duty at the same place and made false entries in the Sentry Relief Book to the effect that HC 694 Raman absent. For these lapses departmental action was initiated against the Petitioner and Charge memo was issued to him. After holding enquiry, Enquiry Officer has filed his report and the copy of the report was communicated to the Petitioner. After scrutinizing all the records, 4th Respondent by his Order dated 03. 5. 2005 awarded punishment of reduction of rank for one year. After issuing show cause notice, 3rd Respondent suo moto enhanced the punishment as dismissl from service. According to the Respondents, enquiry was held in accordance with the TNPSS Rules and observing the principles of natural justice. Considering the serious indisciplinary behaviour of the Petitioner, punishment of dismissal from service is neither excessive nor disproportinate.