The judgment emphasizes the importance of adhering to the procedures and principles of natural justice as per the relevant disciplinary rules, and highlights that the breach of such provisions does not automatically invalidate the orders passed.

JUDGMENT

(Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue 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.72/1998 dated 9.7.1998 and by the 2nd respondent in C.No.D1(4)/Appeal No.12/1998 dated 26.10.1998 and by the 3rd respondent in C.No.AP3(1)/264609/98 dated 3.3.1999 and C.No.24223/AP II(3)2001 dated 2.3.2001, RC No.249937/AP2(3)/08 dated 9.4.2010 and by the 4th respondent in GO (2D) No.346 Home (Pol IV) Department dated 25.7.2013 and quash the same.)

The order of postponement of one increment for one year without cumulative effect, which was confirmed by the Appellate Authority is under challenge in the present writ petition.

2. The writ petitioner states that he was directly recruited as Sub-Inspector of Police in the year 1976 and promoted to the post of Inspector of Police in the year 1988. He was further promoted as Deputy Superintendent of Police in the year 2003 and to the post of Additional Superintendent of Police during the eve of his retirement. The petitioner was allowed to retire from service on attaining the age of superannuation on 30.04.2010.

3. A charge memorandum under Rule 3 (a) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 was issued against the writ petitioner and the charges against the writ petitioner was that “Gross neglect of duty and failure to take action in preferring an appeal against the acquittal in Madurai City Sellur Police Station Crime No.803/1989 under Section 302, 34, 109, 307 and 342 IPC in time”. The petitioner submitted his explanation, denying the charges. The petitioner has stated that Crime No.803/1989 Sellur Police Station was investigated by Thiru Babu Rajendraprasad, Inspector of Police, Thallakulam Circle. He laid the charge sheet and gave evidence to the said case. However, the case ended with an order of acquittal on 20.04.1990. The Thallakulam Circle Inspector was looking after Sellur Police Station, Madavalayam Police Station and Government Rajaji Hospital OP. After the formation of the Commissionerate at Madurai, the Sellur Circle was newly formed on 20.05.1990, consisting of Sellur L&O Police Station, Madavalayam Police Station and Government Rajaji Hospital OP, leaving Thallakulam L&O Police station alone as Thallakulam Circle. The petitioner joined the Sellur Station subsequently on 01.05.1990 after the acquittal of the criminal case in Crime No.803/1989. The petitioner did not know about the case and his predecessor neither handed over the CD file in Crime No.803/1989 nor explained about the acquittal of the case. The petitioner states that Thiru.Babu Rajendraprasad, who had investigated the case, laid the charge sheet and gave evidence to the Court has made to follow up action by preferring an appeal against the acquittal. It is further contended that the copy of the judgment was received by the DPO only on 28.10.1992 and there was a delay. The explanation submitted by the writ petitioner was not considered properly by the Disciplinary Authority and the punishment of postponement of increment for one year with cumulative effect was imposed on the writ petitioner in proceedings dated 09.07.1998. The petitioner preferred an appeal on 03.09.1998 and the second respondent/Appellate Authority rejected the same on 26.10.1998. The Review Petition filed by the writ petitioner was also rejected by the third respondent on 03.03.1999 and thereafter, the petitioner submitted a Mercy Petition on 19.01.2001, which was rejected by the third respondent on 02.03.2001 and the final Petition before the Government was also rejected.

4. The learned Senior counsel appearing on behalf of the writ petitioner mainly contended that the copy of the judgment in the Criminal Case was delivered belatedly to the writ petitioner, more so, even before the joining of the petitioner at Sellur Police Station. The said Criminal Case in Crime No.