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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR
District General of Police Chennai – Appellant
Versus
A. Thiyagarajan – Respondent
| Table of Content |
|---|
| 1. state's challenge to the writ court's order. (Para 1) |
| 2. respondent's desertion and dismissal process, including prior court involvement. (Para 2 , 3) |
| 3. arguments on authority's considerations and administrative rules. (Para 4 , 5 , 6 , 7) |
| 4. analysis of disciplinary authority's options and pso relevance. (Para 10 , 11) |
| 5. context of pso regarding desertion and reinstatement. (Para 12 , 13) |
JUDGMENT :
R.VIJAYAKUMAR, J.
The State has preferred the present writ appeal challenging the order of the writ Court in WP(MD).No.8733 of 2009 dated 14.11.2018.
(A).Factual Matrix:
2.The respondent herein while he was working as a Head Constable in Ramanathapuram Police Station was transferred to Tirunelveli by way of an order dated 07.12.2003. The respondent had not complied with transfer order and he did not join in the transferred place. The department had treated him as a deserter and an order to the said effect was passed on 23.03.2004. Though the respondent had an opportunity to show cause against the said order, he has not chosen to do so. Therefore, the department had passed an order on 05.05.2004 to frame charges as against the respondent. After enquiry, the respondent was di
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.
Retrospective penalties for compulsory retirement are impermissible and must align with the order date past which no previous penalty exists.
Acquittal in a criminal case does not bar disciplinary action; proper procedures must be followed in disciplinary proceedings.
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....
Compulsory retirement is not a punishment and serves public interest by weeding out ineffective employees, validated by a consistent record of penalties.
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