- (1.) HEARD both sides.
(2.) THE petitioner, who was employed as a Sub-Inspector of Police has filed the present writ petition seeking to consider her representation dated 29.08.2009 for a change in the Enquiry Officer and to have the assistance of a lawyer at the time of the departmental enquiry relating to the charge memo in P.R.No,36/2009 dated 28.04.2009. Private notice was ordered on the writ petition on 09.09.2009. Pending the writ petition, this Court granted an interim stay of further proceedings. On notice from this Court, the second respondent had filed a written instruction through the learned Government Advocate.
(3.) THE case of the petitioner was that a charge memo under Rule 3(b) of the Tamil Nadu Police State and Subordinate Service (D & A) Rules dated 29.04.2009 was issued to her. THEre were two charges against the petitioner. THE first charge was that the petitioner had an illegal contact with another Sub-Inspector of Police who was placed under suspension, thereby creating bad name for the Department. THE second charge was the harassment and assault against one Tmt.Sasikala by demanding cash of Rs.5,00,000/- and a car towards dowry. The petitioner submitted her explanation on 20.07.2009. The allegation made against the petitioner was also made as the subject matter of a criminal case before the Judicial Magistrate Court, Sathyamangalam in C.C.No.194 of 2007. It was stated that the charges against the petitioner in both the criminal case as well as the departmental proceedings were one and the same. Therefore, the petitioner filed a writ petition being W.P.No.15362 of 2009 challenging the charge memo especially Charge No,2. This Court did not entertain the writ petition by stating that the charges cannot be split into two and directed the disciplinary authority to take note of the acquittal from the criminal case when considering the materials gathered during the domestic enquiry.;