Acquittal in a criminal case does not bar disciplinary action; proper procedures must be followed in disciplinary proceedings.

ORDER :

Under assail is the order of compulsory retirement dated 16.06.2014, passed by the Superintendent of Police, Theni District.

2. It is the case of the writ petitioner is that the petitioner that petitioner joined in the police service, as Second Grade Constable in the year 1993, then he was promoted as First Grade Constable in the year 2005. Then he was upgraded to Head Constable in the year 2008. He was transferred to CCIW wing, Theni, in the year 2003. He was transferred to Theni from Madurai in the year 2011.

2 (i). The petitioner was put under suspension and a charge-memo was issued for two persons in PR 33/2013 under Rule 3 (b) of the TNPSS (D&A) Rules, 1955 and he was given memorandum of suspension for two reasons, one is for his absence in joining the duty and other is for the registration of FIR in Crime No.100/2011, under Section 506 (i). The Deputy Superintendent of Police, Andipatti was appointed as Enquiry Officer. The case registered in Cr.No.100/2011 was taken on file before the learned Judicial Magistrate, Theni in C.C.No.174 of 2015 and he was acquitted vide judgment dated 16.11.2015, after full trial.

2 (ii). The petitioner has submitted his explanation before the Enquiry Officer that the criminal case in CC.No.174 of 2015 as against the petitioner was ended in acquittal. Hence, there is no charge against him for giving compulsory retirement. The impugned compulsory retirement order passed by the fourth respondent was reviewed by the first respondent in his proceedings in 63/A2/2014 dated 07.08.2014. The fourth respondent had issued the impugned order of compulsory retirement dated 16.06.2014 then the petitioner was asked to go for the compulsory retirement by the fourth respondent. Otherwise, the fourth respondent will threaten him that he would pass an order for dismissal. Hence, without knowing of fact, the impugned order passed by the respondent dated 16.06.2014 was reviewed by the fourth respondent. He had received the pension only on 11.05.2017. The authorities had given only with respect of his savings during his service. The 1^st respondent reviewed the, order of 4^th respondent, without notice to him. Hence, it is against the natural justice. Hence this writ petition.

3. The learned counsel appearing for the petitioner would submit that the impugned order of compulsory retirement dated 16.06.2014 was given to the petitioner without considering the review order passed by the first respondent dated 07.08.2014. The fourth respondent has never considered the case on merits and never considered the departmental enquiry and had even never given opportunity for disposal of the review petition. The fourth respondent had no locus-standi to pass an order and the order impugned, compulsory retirement dated 16.06.2014. The 4^th respondent had never considered the case on merit and never considered conclusion of the Criminal Case.

4. Per-contra, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner was relieved from ADGP, EOW Unit, on administrative ground on 19.02.2011 but he did not report in Theni District till 11.03.2011. He was involved in a criminal case in Alinagaram PS.C.No.100/2011 under Section 506 (I) of IPC. As the absence of 21 days did not accure and he was placed under suspension for involvment of a criminal case on 11.03.2011. After giving sufficient opportunity to him to defend the departmental proceedings, the Disciplinary Authority has passed the reasoned order, there is no violation in following the procedures laid down in “Tamil Nadu Police Sub-Ordinate Service (Disciplinary and Appeal) Rules 1955” hereinafter referred as (“TNPSS (D&A) Rules, 1955”).

5. It is seen from records that the fourth respondent has issued a charge-memo to the petitioner on 28.03.2013 and the petitioner has submitted his representation vide letter dated 26.08.2013 thereafter as per the notification dated 27.08.2013, the departmental enquiry proceedings has been commenced