D.P.WADHWA, S.C.AGRAWAL
Commissioner Of Police – Appellant
Versus
Jayasurian – Respondent
ORDER
1. Delay condoned.
2. Special leave granted.
3. The respondents in these appeals were employed as Police Constables in the Police Force of the State of Tamil Nadu and were attached to Madras Harbour. On 9-11-1987 they were assigned duty at Ore Berth inside the Harbour. On the basis of a complaint made by one Tome-de-Jesus, disciplinary proceedings were initiated against them on the basis of a charge-sheet containing the following two charges :
(i) Highly reprehensible conduct in extorting a sum of Rs. 300 from Thiru Tome-de-Jesus, Utility Steward of TSS Nancowry ship on 9-11-1987 at about 11 p.m. inside Harbour.
(ii) High-handed behaviour in picking up quarrel with Thiru K. Ramdoss, Customs Officer, on the same date and time, and abusing him with filthy words near 2-A Gate, Customs Checkpost.
4. An Enquiry Officer was appointed to conduct an enquiry into the charges. After recording evidence the Enquiry Officer found that Charge 1 was established but Charge 2 was not proved against the respondents. On the basis of the report of the Enquiry Officer the Disciplinary Authority passed order dated 7-8-1989 for removal of the respondents from service. The said order was set aside b
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