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2022 Supreme(Mad) 2329
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
M. Subramanian - Appellant
Versus
The Deputy Inspector General of Police, Dindigul & Others - Respondent
W.P. No. 4807 of 2014
Decided On : 30-06-2022
For the Petitioner:K. Venkataraman, Senior Advocate, M. Muthappan, Advocate. For the Respondents: R1 to R4, L.S.M. Hasam Fizal, Additional Government Pleader.
The main legal point established in the judgment is that the punishment imposed on a public servant must be justified based on the charges and findings, and the authorities have the discretion to modify the punishment after considering the facts and circumstances.
Headnote:
Writ Petition - Reduction in Pay - Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules - Charges 1, 6, 7 - L.I.C Policies, Purchase of Immovable Property, Acquiring Illegal Assets - Rule 9(2)(1) of the Tamil Nadu Subordinate Police Officers Conduct Rules, 1964 - Reduction in pay by one stage for one year without cumulative effect
Fact of the Case:
The petitioner, a Sub-Inspector of Police, was charged with accumulation of disproportionate wealth and faced seven charges. After investigation and enquiry, the punishment of reduction in pay by one stage for one year without cumulative effect was imposed. The petitioner filed a writ petition challenging the punishment.
Finding of the Court:
The court found that the charges related to disproportionate assets were interrelated, and the findings of the Enquiry Officer were self-contradictory. The court also noted that the punishment had been modified by the authorities after considering the facts and circumstances.
Issues: The main issue was whether the punishment imposed on the petitioner was justified in light of the charges and findings of the Enquiry Officer.
Ratio Decidendi: The court held that the authorities had independently considered the charges, findings of the Enquiry Officer, and the quantum of punishment imposed. The court found no infirmity in the punishment finally imposed on the petitioner.
Final Decision: The Writ Petition was dismissed, and no costs were imposed.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the respondents in connection with the impugned orders passed by the 1st respondent in PR No.21/A2/2010 dated 17.06.2010, and by the 2nd respondent in RC No.209494/Con.I(2)/2007 dated 16.07.2010 and by the 3rd respondent in RC No.235947/ Conf.I(2)/2010 dated 19.01.2011 and by the 4th respondent in GO 2D No.555 Home (Pol.IV) Dept. dated 23.09.2013 and quash the same.)
1. The order of reduction in pay by one stage for one year without cumulative effect is under challenge in the present writ petition.
2. The petitioner was directly recruited as Sub-Inspector of Police and joined on 28.09.1987. He was promoted to the post of Inspector of Police on 19.06.1998. On 27.11.2001, the petitioner was placed under suspension for having involved in a Criminal Case registered by Vigilance and Anti-Corruption Department with an allegation of accumulation of disproportionate wealth. After investigation, certain illegalities in the purchase and disposal of the properties by the petitioner either in his name or in the name of his wife or in the name of his relatives were found and a charge memo under Rule 3 (b) of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules was issued on 11.02.2009. Seven Charges were framed and the petitioner submitted his written explanations, denying the charges on 14.01.2010. The Enquiry was ordered and the Enquiry Officer conducted an enquiry had submitted his report, holding that the Charges 1, 6 and 7 are proved and rest of the Charges 2 to 5 are not proved. The report was submitted on 15.02.2010. The petitioner submitted his further objections on the enquiry report vide explanations dated 10.05.2010. On 17.06.2010, the 1st respondent accepted the findings of the Enquiry Officer in respect of the Charges 1, 6 and 7 and for the proven charges, imposed the punishment of reduction in rank from Inspector of Police to Sub-Inspector of Police for three years. The petitioner preferred an appeal on 25.06.2010. The Appellate Authority disposed of the appeal on 16.07.2010, setting aside the punishment and imposed the modified punishment of reduction in pay by two stages for two years without cumulative effect. The petitioner further preferred a review on 30.09.2010 and the said review petition was disposed by the 3rd respondent on 19.01.2011, further modified with the punishment into “reduction in pay by one stage for one year without cumulative effect”. The Mercy Petition filed by the petitioner on 14.03.2011, was rejected by the 4th respondent 23.09.2013. Thus, the petitioner is constrained to move the present writ petition.
3. The learned Senior Counsel appearing on behalf of the petitioner mainly contended that all the charges are relating to the disproportionate assets. The Charges 2 to 5 were not proved. Therefore, the findings in respect of the Charges 1, 6 and 7 cannot be sustained at all. The charges are interrelated and when the Charges 2 to 5 relating to dealing of properties are held not proved, while so, there is no reason, whatsoever to hold the Charges 1, 6 and 7 are held proved. The Charge 1 relates to L.I.C Policies. The L.I.C premium is being paid by many police officers and the payment of premium will not be informed. That apart, the said amount has been exposed in the Income Tax returns every year and under those circumstances, the petitioner thought that no separate permission is required under Rule 9(2)(1) of the Tamil Nadu Subordinate Police Officers Conduct Rules, 1964.
4. Charge 6 is regarding the purchase of immovable property from the brother-in-law of the petitioner and got it registered in the name of his wife Tmt.S.Kasthuri. The petitioner has defended the charges by stating that he has not purchased the property as levelled in the charge memo. The transaction was also informed by him and he has not violated the Conduct Rules. Regarding
