M. Dhandapani, J.

1. This writ appeal is directed against the order of the learned Single Judge made in W.P.No.22696 of 2017 filed by the appellant/writ petitioner seeking Mandamus, forbearing the respondents 1 and 2 from proceeding with the departmental proceedings in order No.P.VIII.2/2017-EC-2-GC AVD, dated 13-06-2017 pending disposal of the criminal case against the petitioner in Crime No.990 of 2016 on the file of the learned Judicial Magistrate No.VII, Coimbatore District.

2. Heard the arguments of the learned counsel appearing for the appellant and also perused the materials available on record.

3. For the sake of convenience, in this judgment, the parties are referred according to the ranks in the writ petition.

4. The brief facts necessary for disposal of the writ appeal are as follows: The petitioner is working as Constable in CRPF, Avadi. The allegation against the petitioner is that a criminal case was registered in Crime No.990 of 2016 and it is pending on the file of the learned Judicial Magistrate No.VII, Coimbatore District. The said criminal case is under investigation. However, the charge sheet has not been filed. Initially the law enforcing agency registered a criminal case for the offence under Section 102 of Cr.P.C. Thereafter, the said offence was altered on 29.02.2016, into offence under Sections 120(b), 399 I.P.C. read with 25 (1B) (a), 25 (3) (i) of the Indian Arms Act, 1959. Subsequently, he was arrested and thereafter, the petitioner approached this Court for grant of bail under Section 439 of Cr.P.C. in Crl.O.P.No.2959 of 2017 and this Court granted bail to the petitioner on 15.02.2017. Thereafter, the first respondent sent a letter dated 22.02.2017 to the petitioner and directed him to report duty, failing which disciplinary action would be initiated. On receipt of the above said letter, the petitioner sent an explanation on 14.03.2017. Thereafter, the first respondent issued a charge memo on 13.06.2017. After the charge memo, the petitioner filed a written statement on 05.07.2017.

5. The memorandum of charges issued by the first respondent in proceeding No.P.VIII.2/2017-EC-2-GC AVD dated 13.06.2017 are as follows:

“ARTICLE-I

“That the said No.961160522 CT/Band S.Kathiravan(u/s) of this GC, CRPF, Avadi while functioning as Constable (Band) in this GC committed an act of misconduct in his capacity as a member of the force punishable under section 11(1) of the CRPF Act, 1949 in that he failed to inform the department about his arrest on 29/12/2016 by state police at Sulur thereby acted in a manner unbecoming of a member of the Force which is prejudicial to good order and discipline of the Force.

ARTICLE-II

That the said No.961160522 CT/Band S.Kathiravan(u/s) of this GC, CRPF, Avadi while functioning as Constable (Band) in this GC committed an act of misconduct in his capacity as a member of the force punishable under section 11(1) of the CRPF Act, 1949 in that he accompanied No.850829186 CT/GD S.Subramanian and allegedly involved in crime of exchange of old currency on commission basis and was in possession of unauthorised pistol thereby acted in a manner unbecoming of a member of the Force which is prejudicial to good order and discipline of the Force.

ARTICLE-III

That the said No.961160522 CT/Band S.Kathiravan(u/s) of this GC, CRPF, Avadi while functioning as Constable (Band) in this GC committed an act of misconduct in his capacity as a member of the force punishable under section 11(1) of the CRPF Act, 1949 in that despite direction from the competent authority to report this Group Centre after release from Jail on bail on 17/02/2017 he failed to comply with orders and reported on 16/03/2017 (AN) at his own after remained absent for 27 days without any valid reasons which is prejudicial to good order and discipline of the Force.

ARTICLE-IV

That the said No.961160522 CT/Band S.Kathiravan(u/s) of this GC, CRPF, Avadi while functioning as Constable (Band) in this GC committed an act of misconduct in hi