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S. M. SUBRAMANIAM
B. Parimala – Appellant
Versus
Director General of Police, Mylapore – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order passed by the 3rd respondent in PR No.12/2012 dated 20.02.2013 and confirmed by the 2nd respondent in Na.Ka.No.B.2/Me.Mu.12/13 dated 27.05.2013 and further rejection by the 1st respondent in Rc.No.220892/AP.I (1)/2013 dated 27.04.2016 and quash the same and further direct the respondents to settle the pensionary benefits and all other consequential service and monetary benefits.
The punishment of dismissal from service imposed on the writ petitioner and confirmed by the Appellate Authority are under challenge in the present writ petition.
2. The petitioner states that her husband Mr.Baskaran entered into Police Service as Grade-II Police Constable on 26.12.1985 and promoted to the post of Grade-I Police Constable in the year 1995. He was further promoted as Head Constable in the year 2000 and upgraded as Special Sub-Inspector of Police. When the husband of the writ petitioner was holding
The Superintendent of Police is the competent Disciplinary Authority for the Special Sub-Inspector of Police, and the punishment imposed was upheld as not excessive or disproportionate.
The importance of the crucial date for uniformity and equality in upgradation and promotion as stipulated in the government order.
The Superintendent of Police can impose penalties on Sub-Inspectors, but failure to follow due process, including issuing a second show-cause notice, breaches natural justice and invalidates the disc....
Dismissals must comply with constitutional provisions, particularly that the authority exercising dismissal powers must not be subordinate to the appointing authority.
Disciplinary action against government employees must comply with statutory provisions, and jurisdictional authority must be respected; lack of proper procedure and reasoning renders proceedings void....
The Superintendent of Police is authorized to issue charge-sheets and initiate disciplinary proceedings against subordinate officers, and such proceedings must adhere to the principles of natural jus....
Punishment of dismissal of service should be awarded for gravest act of misconduct.
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