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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.Jothiraman, J
T.Handiran – Appellant
Versus
Director General of Police, Office of the Director General of Police – Respondent
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 t
Acquittal in a criminal case does not bar disciplinary action; proper procedures must be followed in disciplinary proceedings.
The authority has discretion to impose a punishment of compulsory retirement for desertion, which is valid under Police Standing Orders and does not equate to reinstatement.
Compulsory retirement is not a punishment and does not require a hearing under Article 311; it is based on the government's subjective satisfaction regarding public interest.
Compulsory retirement decisions are based on subjective assessments of service records and do not require prior hearings or comparative evaluations of other employees.
The main legal point established in the judgment is that the order of compulsory retirement is based on the subjective satisfaction of the government, and the court will not interfere with such order....
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