Procedural compliance, sufficiency of evidence, and proportionality of punishment are crucial in disciplinary proceedings.

The prayer in this writ petition is to quash the order passed by the second respondent dated 18. 1998 confirmed by the first respondent in his proceedings dated 12. 1998 with all consequential service and monetary benefits.

2. By the impugned order passed by the second respondent, the petitioner, who is working as a Police Constable, Armed Reserve, Karur is imposed with a punishment of stoppage of increment for one year without cumulative effect on the charge of his highly reprehensible conduct in having assaulted Police Constable (P.C.No.3091) named Murugan on 23. 1998 at 21.30 hours and caused bleeding injuries on his lips and thereby involved in Vangal Police Station Crime No.179 of 1998 under Sections 341 and 323 of the Indian Penal Code. The said order is challenged on the ground that he was served with a charge memo under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 (hereinafter referred to as the "Rules) by the first respondent on 4. 1998 by stating the above said charge and by proceedings dated 14. 1998, the petitioner was given seven days time to submit his explanation to the above charge and before receiving the explanation, the Enquiry Officer was appointed. The Enquiry Officer, who is the third respondent directed the petitioner to appear for oral enquiry on 24. 1998 and therefore, there is a violation of statutory rule under Rule 3(b) of the Rules.

3. The second ground of attack is that the Enquiry Officers finding is based on no evidence and depositions were made by prosecution witnesses by giving contradictory statements. The Disciplinary Authority and the Appellate Authority confirmed the findings of the charge based on the evidence given by P.Ws.1 to 3 and P.Ws.6 to 8, who deposed in favour of the petitioner. The criminal action initiated for the very same incident by Vangal Police Station was dropped on 24. 1998 and the departmental action was initiated subsequently.

4. The respondents have filed a counter affidavit by stating that the petitioner was working in Armed Reserve, Karur and while performing Guard Duty at the Camp Office of the Superintendent of Police, Karur on 23. 1998 at 21.30 hours, the petitioner slapped on the cheek of P.C.3091 Murugan of Armed Reserve, Karur and caused bleeding injuries on his lips. On the complaint preferred by PC 3091 Murugan, the Sub-Inspector of Police, Vangal Police Station has registered a case in Crime No.179 of 1998 under Sections 341 and 323 of the Indian Penal Code against the petitioner and he sent the victim to the Government Head Quarters Hospital, Karur for treatment. The Medical Officer gave medical treatment, treated him as an out-patient and issued a Certificate as to that of abrasion of 1cm x 1cm over his upper lip. Since the petitioner was involved in Crime No.179 of 1998 on the file of the Vangal Police Station, he was placed under suspension with effect from 23. 1998, by order dated 23. 1998. For the charge memo, the petitioner has not filed any explanation and therefore, the enquiry was conducted as per Rules and Regulations. The Deputy Superintendent of Police, Armed Reserve, Karur conducted the enquiry by giving full opportunity to the petitioner and held that the charge is proved on the basis of evidence of the prosecution witnesses and prosecution exhibits. The copy of the Enquiry Officers report was supplied to the petitioner and his further written representation was also carefully considered by the Appointing Authority, namely, the Superintendent of Police, Karur. The Disciplinary Authority concurred with the findings of the Enquiry Officer and by order dated 18. 1998, awarded the punishment of postponement of increment for one year without cumulative effect. The petitioner preferred an appeal against the said order, which was also dismissed by the Deputy Inspector General of Police, Tiruchirappalli Range on 12. 1998, holding that the charge was amply proved by the Enquiry Officer based on t