The main legal point established in the judgment is the importance of conducting fair and expeditious departmental disciplinary proceedings, especially in cases involving serious charges such as corruption.

ORDER :

Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 2nd respondent from proceeding with the Departmental Enquiry against the petitioner in PR.No.37/2017 dated 06.10.2017 vide “Ani Tha.Pa.No.37/2017“ under Rule 3(b) of TNPSS (D&A) Rules 1955 without furnishing the true copies of Sentry Relieving Register Nos.02, 03, 05, 06, 07, 08, 09 and 12 as well as the In-Out Register of the 15th Battalion, Vellore District within time frame.

The writ of Mandamus has been filed to forbear the 2nd respondent from proceeding with the Departmental Enquiry against the petitioner in PR.No.37/2017 dated 06.10.2017 vide “Ani Tha.Pa.No.37/2017 “under Rule 3(b) of TNPSS (D&A) Rules 1955 without furnishing the true copies of Sentry Relieving Register Nos.02, 03, 05, 06, 07, 08, 09 and 12 as well as the In-Out Register of the 15th Battalion, Vellore District within time frame.

2. The petitioner states that the 2nd respondent is proceeding with the departmental disciplinary proceedings without furnishing the crucial documents to the writ petitioner. The allegation against the writ petitioner is that while he was working as Inspector of Police in TSP, 15th Battalion, Vellore District, one Constable D.Thirumurthy (PC 1810) lodged a complaint with Vigilance and Anti-Corruption Department as if the petitioner demanded a sum of Rs.2,000/- for sanctioning 10 days of Casual Leave. Two charges were framed against the writ petitioner, relating to demand of bribe from the Constables for sanctioning leave. Regarding the demand of bribe, a Criminal Case was registered against the writ petitioner under Section 7 of the Prevention of Corruption Act, 1988 and 13 (2) read with 13 (1) (D) of Prevention of Corruption Act, 1988.

3. The petitioner submitted a letter to the second respondent on 30.03.2018, seeking certain documents. The petitioner has further stated that the first respondent sent a letter to the second respondent on 24.03.2018, stating that the out registers are not available. The 2nd respondent in his letter dated 03.04.2018, has further stated that the documents sought for by the petitioner are not traceable. The Enquiry Officer issued notice to the writ petitioner to participate in the process of enquiry in vide letter dated 26.06.2018. Instead of participating in the enquiry proceedings, the petitioner has chosen to file the present writ petition, stating that the documents are to be produced and in the absence of those documents, he cannot participate in the enquiry proceedings.

4. The first respondent filed a counter statement, stating that while the writ petitioner was serving as Inspector of Police in -A- Company of Tamilnadu Special Police XV Battalion, Sevoor, Vellore District, one D.Thirumoorthy, Naik-1810 preferred a complaint before the Additional Superintendent of Police, Vigilance & Anti-Corruption, Vellore unit against the petitioner on 27.06.2016 at about 12.00 hours, alleging that the petitioner had been demanding Rs.2000/- for sanctioning leave for 10 days from 20.06.2016 to 08.07.2016. The said complaint was forwarded to the Directorate of Vigilance & Anti-Corruption, Chennai, who had issued orders vide No.PE/110/2016/Pol/VI to conduct preliminary enquiry in this regard and the same was registered on 27.06.2016 at about 13.00 hours. During the course of enquiry, the conversation between the petitioner and the defacto complainant was recorded through audio recorder and the petitioner-s demand for Rs.1,500/- (Reduced from Rs.2000/- to Rs.1500/-) for sanctioning of 10 days leave and the allegation of having obtained of Rs.500/- already from the complainant for Briyani were confirmed. As the prima facie of the allegation against the petitioner was established, a case in Cr.No.7/2016 Under Section 7 of Prevention of Corruption Act 1988 was registered by the Vigilance & Anti-Corruption, Vellore Unit on 28.06.2016 at 11.30 hours and a trap was organized on the same day at