1. The petitioner while working as Grade I Police Constable at S.P.Pattinam Police station, Ramanathapuram, was placed under suspension on the allegation that on 07.08.2000 at about 23.30 hours, the petitioner assaulted sentry Police Constable Ramakrishnan in drunken state. The petitioner was issued a charge memo on 12.09.2000 alleging misconduct, and was asked to submit his explanation.

2. An enquiry officer was appointed to conduct domestic enquiry which was held on 16.10.2000 and 23.10.2000. In support of the allegation, the prosecution has examined five witnesses who were cross examined by the petitioner.

3. It is the case of the petitioner that the deposition of the witnesses did not support the prosecution case and request was made to enquiry officer to drop the proceedings. The enquiry officer instead of holding the petitioner not guilty, held the charges proved against the petitioner. He submitted the enquiry report to the appointing authority, viz., the Superintendent of Police, Ramanathapuram District.

4. The appointing authority agreed with the findings of the enquiry officer and issued show cause notice to the petitioner. The petitioner submitted his reply