The Original Application in O.A.No.741 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the "Tribunal") is the present writ petition.

2. The petitioner joined the services as Grade – II Police Constable on 15.04.1997 in the Tamil Nadu Special Police VIII Battalion, Veerapuram, Avadi, Chennai. He was sent on deputation to serve in the Special Police Battalion, New Delhi, in March 1999. However, he did not join duty at New Delhi. Hence, he was declared as a deserter. Thereafter, a disciplinary proceeding was initiated for desertion and he was dismissed from service by the respondent by an order dated 110. 1999 in PR No.21 of 1999.

3. The petitioner preferred an appeal to the Deputy Inspector General of Police, Armed Police, Chennai against the dismissal order. The appeal was allowed by an order dated 05.09.2000 and the punishment of dismissal was set aside and the punishment was modified into one of postponement of increment for a period of one year without cumulative effect. The petitioner was transferred to Tamil Nadu Special Police V Battalion, Avadi, the respondent herein, by an order dated 111. 2000.

4. However, in the meantime, the petitioner was placed under suspension by an order dated 210. 2000 for having involved in a criminal case. The suspension order was revoked by the respondent by an order dated 210. 2001 and he joined duty on the forenoon of 210. 2001 itself.

5. After joining duty, a charge memo dated 211. 2001 was issued to the petitioner, by the respondent, alleging that he was involved in a criminal case of murder of one Masilamani on 09.08.1999 along with others, which was registered on the file of E.3 Korattur Police Station, in Crime No.970 of 1999 under Section 302 IPC, while he was a deserter. An enquiry was conducted by the Assistant Commandant, Tamil Nadu Special Police V Battalion, Avadi, Chennai. In the enquiry, three witness were examined and six documents were marked as exhibits. Based on the enquiry, the Enquiry Officer recorded a finding of guilt.

6. Based on the enquiry report, the respondent passed an order dated 17.01.2002 dismissing the petitioner from service.

7. Aggrieved by the same, the petitioner filed Original Application in O.A.No.741 of 2002 (W.P.No.7470 of 2007) to quash the aforesaid order.

8. While admitting the Original Application on 25.06.2002, the Tribunal granted interim stay. Based on the stay order, the respondent passed an order dated 04.07.2002, reinstating him in service with effect from 25.06.2002. It is stated that the petitioner still continues in service.

9. Heard Mr.K.Venkataramani, learned Senior Counsel for the petitioner and Mrs.C.K.Vishnupriya, learned Additional Government Pleader for the respondent.

10. The learned Senior Counsel for the petitioner vehemently contends that the allegation as set out in the charge sheet would not constitute misconduct under the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955, read with relevant Conduct Rules. He further contends that the impugned order was passed without application of mind and that the impugned punishment was imposed not for the charge for which an enquiry was held.

11. Therefore, the core question is whether the allegation made in the charge sheet would constitute a misconduct.

12. The charge made against the petitioner, as framed in the charge sheet is as follows:

13. Therfore, the allegation made against the petitioner is that he involved in a criminal case of murder. In fact, in para 9 of the reply affidavit, it is admitted that the petitioner was proceeded against for his involvement in the criminal case. Para 9 of the reply affidavit is extracted here-under:

"9. The charge against the applicant is only for involvement in the criminal case during the period of desertion. His involvement in the criminal case has been proved".

14. Mr.Durai was examined as a first witness in the enquiry and Exs.P-1 to P-3 were marked through him.

15. The