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2013 Supreme(Mad) 2919

D.HARIPARANTHAMAN
S. Sasi Kumar – Appellant
Versus
Director General of Police, Chennai – Respondent


Advocates Appeared:
For the Petitioner:T.P. Prabakaran, Advocate.
For the Respondents: V. Jayaprakash Narayanan, Special Government Pleader.

JUDGMENT

1. With the consent of both parties, the Writ Petition is taken up for final disposal.

2. The petitioner is a Junior Assistant in the police department. He was issued with a charge memo dated 20.06.2013 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules (hereinafter referred to as "the Rules"). The charge memo was issued by the Superintendent of Police. The charge memo is challenged before this Court on the sole ground that the Superintendent of Police lacks jurisdiction. According to the petitioner, the appointment order dated 23.10.2006 states that the Director General of Police is the appointing authority and therefore, he is alone competent to issue charge sheet.

3. Heard both sides.

4. I have considered the submissions made by the learned counsel for the petitioner.

5. Rule 8 of the Rules prescribes various penalties, both minor and major. Those penalties are, (i) Censure; (ii) Fine; (iii) Withholding of increments or promotion; (iv) Reduction to a lower rank in the seniority list or to a lower post; (v) Recovery from pay; (vi) Compulsory retirement; (vii) Removal from service; (viii) Dismissal from service; and (ix) suspension. The penalti













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