- Department cannot ignore honourable acquittal on merits in criminal case.

(Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 3 to issue posting order as Inspector of Police with all attended benefits in pursuant of the order of this Court in W.P.No.451/2003 dated 15.11.2005.)

The writ petition is filed for a direction against the respondents 1 to 3 to issue posting order as Inspector of Police with all attendant benefits pursuant to the order of the Division Bench of this Court in W.P.No.451/2003 dated 15.11.2005.

2. The petitioner while working as Inspector of Police from 14.12.1987 at Sivakasi Police Station, certain charges were framed against him under Rule 3(b) of the Tamil Nadu Subordinate Services (Discipline & Appeal)Rules, 1955. After conducting the departmental enquiry, a punishment of reduction of rank as Sub-Inspector of Police for a period of two years was imposed. The petitioner has moved the Tamil Nadu Administrative Tribunal against the said order of the Deputy Inspector General of Police, Vellore/4th respondent, by filing O.A.No.919/2000, which was dismissed for default and a review petition filed to restore the Original Application was also dismissed. It was against the said order, the petitioner has moved this Court by filing W.P.No.451/2003 and the Division Bench of this Court, by order dated 15.11.2005 has allowed the writ petition by quashing the orders of the respondents 3 and 4, viz., the Deputy Inspector General of Police, Ramanathapuram, the Deputy Inspector General of Police, Vellore and also the Superintendent of Police, Virudhunagar, apart from setting aside the order of the Tamil Nadu Administrative Tribunal.

3. That order was passed based on the consideration that even in a criminal case, the Sessions Court has acquitted the petitioner. This order passed in W.P.No.451/2003 dated 15.11.2003 has become final. It is in these circumstances, as a consequence of the said order of the Division Bench of this Court, the present writ petition is filed by the petitioner for a direction against the respondents to give the petitioner the posting as Inspector of Police.

4. When this matter came up for admission, this Court has directed Mr.A.Edwin Prabhakar, learned Government Advocate to take notice on behalf of the respondents. Today, the learned Government Advocate submitted that while it is true that the Division Bench in W.P.No.451/2003 has allowed the writ petition on 15.11.2005 and also charges were framed against the petitioner including the punishment imposed against the petitioner as stated above. He would further submit that in another proceedings in PR.135/2002, the authorities have passed an order after enquiry against the petitioner, compulsorily retiring him from service on 30.9.2003.

5. According to the learned Government Advocate, as against the said order of compulsory retirement, the petitioner has moved the Tamil Nadu Administrative Tribunal and the Tribunal while setting aside the order of compulsory retirement, has modified the punishment as that of cutting of increment for a period of three years with cumulative effect. It is the case of the learned Government Advocate that as against the order of the Tribunal, the respondents have in fact, moved this Court by filing a writ petition in W.P.No.29430/2004 and the same has been admitted by this Court. However, the learned Government Advocate would fairly submit that even though the petitioner has filed a stay petition in W.P.M.P.No.35746/2004, no stay has been granted. The learned Government Advocate would submit that in as much as in respect of another occurrence, the petitioner is suffering a punishment. It will not be fair to permit the petitioner to be reinstated into the services.

6. I have considered the rival submissions made.

7. When admittedly, the Division Bench of this Court on 15.11.2005 has quashed passed against the petitioner by the respondents in W.P.No.451/2003 the natural consequence is only to reinstate the petitioner