S.M.Subramaniam, J. - (1.) The relief sought for in this writ petition is to forbear the 1st and 2nd respondents from proceeding with the departmental proceedings in order No.P.VIII.2/2017-EC-2-GC AVD dated 13.06.2017 pending disposal of the criminal case registered against him in Crime No.990/2016 on the file of the Learned Judicial Magistrate No.VII, Coimbatore District.
(2.) The learned counsel appearing for the writ petitioner submits that on account of certain serious allegations against the writ petitioner, a criminal case was registered in Crime No.990 of 2016 and pending on the file of the Learned Judicial Magistrate No.VII, Coimbatore District. The criminal case is under investigation and even the charge sheet has not yet been filed. However, the departmental disciplinary proceedings are initiated against the writ petitioner, as the writ petitioner is holding the post of Constable in CRPF, Avadi which is an uniformed service. The allegation against the writ petitioner in the criminal case was that he has involved in a case of exchange of old currency and he has used the pistol for the purposes and was in possession of the pistol during the exchange of old currency. The learned counsel appearing for the writ petitioner states that it is based on the false complaint, the criminal case was registered and the writ petitioner is ready and willing to defend the case before the criminal Court. The department has simultaneously placed the writ petitioner under suspension on the ground that a criminal case was registered and pending against the writ petitioner. Thereafter, the memorandum of charges are issued by the respondent in proceeding No.P.VIII.2/2017-EC-2-GC AVD dated 13.06.2017.
(3.) The Articles of charge framed against the writ petitioner is extracted hereunder: I II V ARTICLE-I "That the said No.961160522 CT/Band S.Kathiravan(u/s) of this GC, CRPF, Avadi while functioning as Constable (Band) in this GC committed an act of misconduct in his capacity as a member of the force punishable under section 11(1) of the CRPF Act, 1949 in that he failed to inform the department about his arrest on 29/12/2016 by state police at Sulur thereby acted in a manner unbecoming of a member of the Force which is prejudicial to good order and discipline of the Force. ARTICLE-II That the said No.961160522 CT/Band S.Kathiravan(u/s) of this GC, CRPF, Avadi while functioning as Constable (Band) in this GC committed an act of misconduct in his capacity as a member of the force punishable under section 11(1) of the CRPF Act, 1949 in that he accompanied No.850829186 CT/GD S.Subramanian and allegedly involved in crime of exchange of old currency on commission basis and was in possession of unauthorised pistol thereby acted in a manner unbecoming of a member of the Force which is prejudicial to good order and discipline of the Force. ARTICLE-III That the said No.961160522 CT/Band S.Kathiravan(u/s) of this GC, CRPF, Avadi while functioning as Constable (Band) in this GC committed an act of misconduct in his capacity as a member of the force punishable under section 11(1) of the CRPF Act, 1949 in that despite direction from the competent authority to report this Group Centre after release from Jail on bail on 17/02/2017 he failed to comply with orders and reported on 16/03/2017 (AN) at his own after remained absent for 27 days without any valid reasons which is prejudicial to good order and discipline of the Force. ARTICLE-IV That the said No.961160522 CT/Band S.Kathiravan(u/s) of this GC, CRPF, Avadi while functioning as Constable (Band) in this GC committed an act of misconduct in his capacity as a member of the force punishable under section 11(1) of the CRPF Act, 1949 in that he refused to receive Order dated 16/05/2017 for his review of suspension which is prejudicial to good order and discipline of the Force.";