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2006 Supreme(Mad) 1666

A.KULASEKARAN
H. C. Lenin – Appellant
Versus
The Commissioner of Police & Another – Respondent


Appearing Advocates:For the Petitioner:K. Venkataramani, Advocate. For the Respondents: M. Dhandapani Additional Government Pleader.

Judgment :-

(Petition filed under Article 226 of The Constitution of India praying for a Writ of Certiorari as stated therein.)

The prayer in this Writ Petition is for a Writ of Certiorari calling for the records of the respondents in connection with the impugned order issued by the respondents 1 and 2 in C.No.F1/PR 13/2004 dated 17.06.2004 and Rc.No.150713/PR.I (1)/2004 dated 05.10.2004 respectively and quash the same.

2. When the Petitioner was working as Inspector of Police in Andhiyur Police Station between 18.11.1994 and 18.11.1996, on the basis of two complaints received against him during that period, preliminary enquiry was conducted by the respondents and thereafter charge memo dated 07.03.1997 was issued under Rule 3 (b) of Tamil Nadu Police Subordinate Service Rules (Discipline and Appeal) Rules, 1995 levelling four charges against the petitioner. The petitioner submitted his explanation denying the said charges. Thereafter, an enquiry officer was appointed 10.04.1997. The enquiry officer conducted enquiry in which 20 witnesses and 26 exhibits were marked by the prosecution. On consideration of the oral and documentary evidence, the enquiry officer found that all the four















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