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2010 Supreme(Mad) 3099

T.RAJA
C. Pitchai – Appellant
Versus
The Secretary to Government, Home Police Department – Respondent


Advocates Appeared:
For the Petitioner:B.K. Srinivasan for M. Muthappan, Advocates
For the Respondents: S. Gopinathan, AGP.

Judgment :-

1. The petitioner initially entered the service as Police Constable on 04.12.62 in the erstwhile Malabar Special Police III Battalion. Later on, he was transferred to District Armed Reserve, Vellore District in the year 1968. He was further promoted as Sub-Inspector of Police in the year 1985. While so, the petitioner was issued with a charge memo under Rule 3(b) of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955 in PR.No.136/97 for gross dereliction of duty in losing the magazine of revolver and three ammunition on 13.12.96, when he was sent for escort duty for three central prisoners to 17th Court in Chennai in Police Van TN 23-G-0036 and also for another charge of gross dereliction of duty in not preferring any complaint at police station about the loss of magazine and 3 rounds of ammunitions and delay in lodging the complaint on 27.12.96, though he was directed on 25.12.96 to lodge a complaint. Subsequently, he was found guilty of the above said charges, for which he was imposed with a punishment of postponement of increment for one year with cumulative effect.

2. Learned counsel appearing for the petitioner submits that though the punishmen








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