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ABDUL QUDDHOSE
E. Shanmugaiah – Appellant
Versus
Deputy Commissioner of Police, Thiruppur – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records of the first respondent in connection with the impugned charge memo issued by him in P.R. No. 128/2015 under rule 3(b) dated 18.12.2015 and quash the same.
1. This writ petition has been filed challenging the impugned charge memo, dated 18.12.2015, issued by the first respondent.
2. The petitioner has challenged the impugned charge memo, on the ground that a second charge memo has been issued to him on the same set of charges, even though the earlier charge memo issued to him for the same set of charges was kept in abeyance due to the pendency of a criminal case against him.
3. The petitioner was an accused in a criminal case and based on the same, the earlier charge memo was issued to him. Subsequently, the petitioner turned as an approver and he was dropped from the array of accused in the criminal case. Based on his statement as an approver, the impugned second charge memo dated 18.12.2015 was issued by the first respondent, which is challenged in this writ petition.
4. The petitioner has challenged the impugned charge memo, on the following gr
Issuing a second charge memo while a criminal case is pending violates principles of natural justice and is impermissible.
The delay in serving the charge memo, the relevance of the criminal case's outcome on departmental proceedings, and the similarity of charges in the criminal and departmental proceedings are crucial ....
The withdrawal of a charge memo does not necessarily nullify the proceedings, and pendency of disciplinary proceedings can be a valid reason for denying promotion.
Vagueness of charge memo, delay in initiation of disciplinary proceedings, impermissibility of piecemeal enquiry
Competent disciplinary authority expected to conclude proceedings expeditiously; petitioner's cooperation essential for entitlement to relief.
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