Findings based solely on statements from a preliminary enquiry, especially when retracted, are unsustainable.

The Original Application in O.A.No.1552 of 2002 before the Tamil Nadu Administrative Tribunal is the present writ petition.

2. The petitioner joined as Grade - II Police Constable in 1983. He was promoted as Grade - I Police Constable in 1994. On 110. 1996, the petitioner along with three other police personnel escorted one accused Rajendran from Trichy Central Jail to Tiruvarur Magistrate Court. The accused Rajendran was the Secretary of AIADMK, Kodavasal Panchayat Union.

3. While so, a charge memo dated 112. 1996 was issued under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955 (hereinafter referred to as the "Rules") alleging that he broke the journey while he took the accused from Trichy Central Jail to Tiruvarur Magistrate Court at the house of one Sowrirajan at Tiruvarur Dhurgalaya Road and the accused Rajendran was permitted to take food in the house of the said Sowrirajan. It is also alleged that the petitioner permitted a large group of persons belonging to certain political parties to garland the accused Rajendran within the Court premises at Tiruvarur.

4. An enquiry was conducted by the Deputy Superintendent of Police, Nagapattinam. 8 witnesses were examined on the side of the Department and 2 witnesses were examined on the side of the petitioner. 11 documents were marked as Exhibits on the side of the Department. The Enquiry Officer, heavily relying on the evidence of P.W.7 and P.W.8 and Ex.P-11, and recorded a finding of guilt. Based on the said finding, the second respondent passed an order dated 29.07.1999, imposing the punishment of reduction in time scale of pay by two stages for two years without cumulative effect. The appeal dated 12.01.2000 preferred by the petitioner was rejected by the first respondent in the order dated 310. 2000.

5. Aggrieved by the same, the petitioner filed Original Application in O.A.No.1552 of 2002 (W.P.No.11698 of 2007) to quash the aforesaid orders of the respondents.

6. Heard Mr. R.S. Anandan, learned counsel for the petitioner and Mr. P. Muthukumar, learned Government Advocate for the respondents.

7. The learned counsel for the petitioner contends that the findings of the Enquiry Officer is solely based on the statement made in the preliminary enquiry. Those statements were retracted by the witnesses.

8. The learned counsel for the petitioner submits that the witnesses viz., P.W.1, P.W.3 and P.W.4 were independent persons and statements were recorded by P.W.8, the Deputy Superintendent of Police, who conducted preliminary enquiry. Those persons gave evidence stating that they did not give such statements to P.W.8. The learned counsel for the petitioner states that basing on those statements, the Enquiry Officer recorded the finding of guilt. It is submitted that recording a finding of guilt based on the statement made in preliminary enquiry, particularly when the same was not admitted by the persons, who were examined in the enquiry before the delinquent, is opposed to the decision of this Court in T. Pichai Vs. Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli and another reported in 2006 (2) MLJ 202, wherein, considering the decision of a Division Bench of this Court in W.P. No.29862 and 32581 of 2002 dated 22.02.2005 and a decision of the Honble Apex Court in Union of India vs. Mohd. Ibrahim reported in 2004 (10) SCC 87, it is held that the findings of the enquiry officer is not sustainable in view of the fact that the report of the enquiry officer was solely based on the statements recorded during the preliminary enquiry. The learned counsel for the petitioner also relies on a judgment of the Honble Apex Court reported in Central Bank of India Ltd. vs. Prakash Chand Jain reported in 1969 (2) LLJ 377: AIR 1969 SC 983 for the same proposition.

9. The judgment of this Court relied on by the learned counsel for the petitioner in the case of T. Pitchai reported in 2006 (2) MLJ 202, cited supra and also the