JUDGMENT :

S.VAIDYANATHAN, J.

Aggrieved by the order dated 23.10.2018 passed by the learned Single Judge in W.P.No.1820 of 2012, the Writ Petitioner has come up with the present Appeal.

2. It is seen that, when the Appellant/Writ Petitioner was working as a Police Constable in Salem, two criminal cases were filed against him, one in Crime No.944 of 2009 for offences under Sections 341, 323 and 294(b) I.P.C. and the other in Crime No.617 of 2010 for offences under Section 341, 294(b) I.P.C. and 4(1)(j) of Tamil Nadu Prohibition Act. After investigation, charge sheets were laid against him and he was prosecuted for the above offences.

3. The allegation against the Appellant is that, on 14.06.2009, when he was in an inebriated state, he abused the defacto complainant and wrongfully restrained him. Hence, he was placed under suspension on 15.06.2009 and a Charge Memo was issued to him on 11.11.2009. Pursuant to the judgment dated 09.12.2009 passed by the Judicial Magistrate No.III, Salem in C.C.No.133/2009, the suspension was revoked and the Appellant/Writ Petitioner was taken back to duty.

4. Pursuant thereto, departmental proceedings were initiated against the Appellant/Writ Petitioner un