The disciplinary authority has the discretion to impose appropriate punishment as per the rules, and the court's role in judicial review is to ensure fair treatment, not to reappreciate the evidence. The court emphasized the duty of a disciplined member of the police force to promptly inform the authorities about critical information.

JUDGMENT

(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 pertaining to the impugned order made in G.O(2D)No.176 dated 21.05.2015 passed by the first respondent confirming the impugned order made in Rc.No.164235/AP2(1)/2011, dated 29.06.2012 passed by the second respondent modifying the impugned order made in C.No.C4/AP.124/2010, dated 23.02.2011 passed by the third respondent confirming the impugned order made in C.No.F1/P.R61/2010, dated 29.09.2010 passed by the fourth respondent and quash the same and consequently direct the respondents to restore the petitioner''s seniority and grant consequential promotion and service benefits to the petitioner. )

1.The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order made in G.O(2D)No.176 dated 21.05.2015 passed by the first respondent, confirming the impugned order made in Rc.No.164235/AP2(1)/2011, dated 29.06.2012 passed by the second respondent, modifying the impugned order made in C.No.C4/AP.124/2010, dated 23.02.2011 passed by the third respondent, confirming the impugned order made in C.No.F1/P.R61/2010, dated 29.09.2010 passed by the fourth respondent and consequently direct the respondents to restore the petitioner''s seniority and grant consequential promotion and service benefits to the petitioner.

2. The learned counsel appearing for the petitioner took me through the various contention and grounds raised by him in the Writ Petition insisting this Court to quash the impugned order of punishment inflicted on the petitioner in disciplinary proceedings by the respondents.

3. Per contra, the learned Special Government Pleader appearing for the respondents took me through the defence in his counter-affidavit and prayed for dismissal of the Writ Petition.

4. Heard Mr.A.Rajaram, learned counsel appearing for the petitioner and Mr.N.Muthu Vijayan, learned Special Government Pleader appearing for the respondents and perused the entire materials available on record.

5. The petitioner was appointed as a Grade II Police Constable on 01.11.1995 and subsequently he was promoted as Grade-I NK (Driver) with effect from 19.02.2003 and presently, he is discharging his duties as Head Constable at Armed Reserve, Thoothukudi District. The petitioner''s wife is Petchithai and she has five brothers and one younger sister, namely Sivakami. Her father and brothers are living in Srivaikuntam, Thoothukudi District. Her younger sister Sivakami was married to Sivasubramanian, who served as Sub- Inspector of Police, Kadayam Police Station, Tirunelveli District. Due to the matrimonial in differences between Sivasubramanian, Sub Inspector of Police and his wife Sivakami, they were living separately. Sivakami was living with her parents and brothers. Due to the family feud between the parents and brothers of Sivakami with Sivasubramanian, Sub-Inspector of Police, who was not amenable with them in various issues, taking forward his matrimonial life with Sivakami amicably, the relatives of Sivakami ie., the relatives of the petitioner''s wife Petichithai, were expecting a right time to take revenge on the said Sivasubramanian. While so, the parents, brothers and relatives of Sivakami/Petichithai conspired to murder Sivasubramanian on 07.01.2010 and in the process of executing the plan to murder Sivasubramanian, they murdered another person, namely Vetrivel, Sub-Inspector of Police, Alwarkurichi Police Station mistakenly. The occurrence of murder was informed to Petchithai, wife of the petitioner by her younger sister Sivakami over phone at that time, when the petitioner was present along with his wife in their house. Even though the petitioner knew the prior plan of murdering Sivasubramanian by his relatives, which ended subsequently in murdering another person, namely Vetrivel, Sub Inspector of Police, Alwarkurichi Police Station by mistaken identity