S.M.SUBRAMANIAM
E. K. Srinivasan – Appellant
Versus
Managing Director, Tamil Nadu Minerals Ltd. – Respondent
1. The charge memo issued by the first respondent in proceeding dated 09.11.2012, is under challenge in this writ petition. The petitioner is working as Junior Assistant in the respondent Corporation. On account of certain allegations and based on the statement given by the writ petitioner before the Police in relation to Crime No.162/2012, the charge memo was issued.
2. The learned counsel appearing on behalf of the writ petitioner contends that the charge memo itself was framed, only based on the statement given by the writ petitioner before the police and the statements are inadmissible in law and therefore, the same cannot constitute a charge. In other words, the learned counsel is of the opinion that based on the statement given before the Police, the Department cannot frame the charges. The charges can be framed, only in the event of getting concrete evidence, in respect of allegations to be formulated against the writ petitioner. With these contention, the learned counsel is of the opinion that the Department ought not to have framed the charges in advance, even without waiting for the final outcome of the criminal case registered against the petitioner in Crime No.
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