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2009 Supreme(Mad) 1793

S.MANIKUMAR
B. Govindaswamy – Appellant
Versus
Inspector General of Police, Law and Order, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioner:S. Ravi, Advocate.
For the Respondent: S. Gopinathan, Additional Government Pleader (W).

Judgment :-

1. The main points raised in this Writ Petition are,

(a) Whether the Disciplinary Authority has to issue a show cause notice, before inflicting a major penalty of removal, dismissal, compulsory retirement or reduction in rank, when he takes into consideration the previous penalties suffered by a delinquent.

(b) Whether it is obligatory on the Disciplinary/Appointing Authority to include the previous penalties, as part of a charge memo.

2. It is the case of the petitioner that he joined the Police Department as Grade-II Police Constable on 15.01.1995 and was dismissed from service, even before the completion of his training. Pursuant to the directions of the Government, he was reinstated in service. Thereafter, he was served with a charge memo in P.R. No.23/97, alleging that he had deserted the force without prior permission. The Deputy Superintendent of Police, Armed Reserve, Enquiry Officer, in his report, dated 15.04.1997, held that the charge as proved. A memo, dated 27.04.1997 was issued to the petitioner, calling upon him to submit his further representation on the said report. The Superintendent of Police, Kancheepuram District, third respondent herein, dismissed




























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