Disciplinary proceedings must adhere to procedural rules and principles of natural justice; judicial review does not extend to re-evaluating evidence unless there are violations of these principles.

ORDER :

Under assail is the order dated 12.05.2009 passed by the Additional Director General Police, (Law & Order) and G.O.(D) No.89 Home (Pol.IVA) Department dated 23.01.2018 passed by the Additional Chief Secretary to Government, Home (Pol.IVA)Department, Chennai-9.

2. The case of the writ petitioner is that the petitioner was working as Sub Inspector of Police. While he was working as Sub Inspector of Police at Tenkarai Police Station, Periyakulam, Theni District, the Superintendent of Police, Theni District placed him under suspension vide order dated 05.01.2008 alleging that he demanded Rs.10,000/- to release the tractor, which was used for illicit transportation of soil on 04.01.2008. He came to know that the owner of the tractor one Thiru.Abuthahir had directly made a complaint against him on 05.01.2008 to the Superintendent of Police, Theni District alleging that on 04.01.2008, evening when his tractor was transporting soil from his thoppu to his Mangobar factory, the petitioner took the tractor to the police station and abused and threatened him and demanded Rs.10,000/- to release the tractor. After getting Rs.10,000/- from the driver, the petitioner released the tractor. The Deputy Superintendent of Police, Periyakulam Division conducted preliminary enquiry on 08.01.2008 to 11.01.2008 and during preliminary enquiry, one Ramesh, auto driver and one Periyasamy, who accompanied the auto driver, had deposed that the tractor trailer had only traces of sand and Muruguvel, an employee of Abuthahir gave Rs.10,000/- to the said Ramesh to hand over to the petitioner and the petitioner refused to receive the said amount and scolded the driver. Inspite of the above said deposition, the Preliminary Enquiry Officer had furnished a false report. In pursuance of the false report given by the preliminary enquiry officer, the Deputy Inspector General of Police, Dindigul Range issued charge memo dated 08.04.2008 containing three charges. The petitioner has submitted his explanation to the charge memo. The Deputy Superintendent of Police, DCB, Theni was appointed as enquiry officer. Certain documents mentioned in Annexure-3 were not at all supplied. During the enquiry, the complainant Abuthahir turned hostile witness and completely contradicted his earlier statements. Further, witnesses also gave statements denying the demand and receipt of money and also to that effect he refused to receive money. The accused driver also appeared in the Court and admitted the offence and remitted fine amount of Rs.100/- on 05.01.2008. The enquiry officer held that all the charges were proved. In the meantime, the Superintendent of Police, Theni District revoked his suspension from 05.01.2008 and he was posted at Control Room, District Police Office, Theni and he rejoined duty on 28.01.2009. The Deputy Inspector General of Police, Dindigul Range did not apply his judicial mind and on simply relied upon the enquiry report, passed an order dated 02.02.2009 awarding major punishment of compulsory retirement from service with effect from 12.12.2009. On 03.02.2009, an erratum was issued in the punishment order dated 02.02.2009. Aggrieved over the punishment, the petitioner preferred an appeal to the Additional Director General of Police (L&O) on 15.02.2009. Without referring his appeal, the the Additional Director General of Police (L&O) has issued proceedings dated 12.05.2009 stating that “Suo-Motu Review” was taken up and just modified the punishment from compulsory retirement to reduction in time scale of pay by three stages for three years. He was reinstated into service vide order dated 20.05.2009 and he rejoined duty on 01.06.2009. He sent reminder to consider his appeal and prayed to set aside the punishment. He was retired on superannuation on 28.02.2015. He filed a review petition before the Government with a prayer to quash the order dated 12.05.2009 passed by the Additional Director General of Police (L&O). In response to his review petition, G.O.(D