CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No. 310/00783 of 2023 DATED TUESDAY, THE 28^th DAY OF OCTOBER, TWO THOUSAND AND TWENTY FIVE CORAM :

HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)

HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)

J. Jerome Jesmond, M/38, S/o. Joy Walker, No.44, Bharathi Street, Kathirkamam, Puducherry State. .........Applicant (Advocate: M/s. K.H. Ravi Kumar )

-Versus-

1. The Chief Secretary to the Government of Puducherry, Puducherry State. -605001;

2. The Director General Of Police, Office of the Director General of Police, Puducherry State. -605004;

3. The Superintendent of Police, Traffic (South-West), Puducherry, Puducherry State -605010.

.....Respondents.

(Advocate: Mr. R. Syed Mustafa)

O R D E R

(Hon'ble Ms. Veena Kothavale, Member(J)

In this OA, applicant is aggrieved by the impugned order dated 31/03/2023 passed by the second respondent dismissing him from service by invoking rule 19 of the CCS (CCA) rules, 1965 , r/w Art 311(2)(b) of the Constitution instead of conducting inquiry under rules 14 to 18, of CCS (CCA) rules, 1965. He is also aggrieved by the impugned order dated 31/07/2023 passed by the second respondent against his appeal submitted to the Appellate Authority, as the said order is passed by the very same person who had passed the order of his dismissal. Therefore, applicant has filed this OA for quashing and setting aside of both the impugned orders dated

31/03/2023 and 31/07/2023 and for his reinstatement in service.

2. Applicant’s case is that in the recruitment held by the Uniform Recruitment Board, Puducherry in the year 2011, he was appointed as Sub-Inspector and was posted with the 2^nd respondent Department where he has rendered unblemished service over a period of 10 years. Applicant was granted best Sub-Inspector of Police award by the 2^nd respondent Department in 2017-2018 and in 2018, the Niravy Police Station where he worked as Station House Officer was awarded 19^th place in the All India Ranking of the best Police stations by the Ministry of Home Affairs.

3. While so, the applicant met one lady by name S. Bhuvaneswari with whom he had a friendly relationship. On coming to know that she had bad antecedents, he kept away from her and started avoiding her. However, said Bhuvaneswari made a false complaint against him to 2^nd Respondent's Department stating that applicant had cheated her, made her pregnant and induced her to abort the child. Based on the false complaint of said Bhuvaneswari, applicant was placed under suspension with effect from 19/08/2021. Applicant was issued with a Charge memo dated 28.02.2022 and departmental enquiry was initiated against him. Applicant was shocked at the turn of events but co-operated in the departmental proceedings and periodically attended the enquiry to prove his innocence and integrity. However, realising her mistake, S. Bhuvaneswari gave a letter dated 27.11.2021 along with her sworn Affidavit for withdrawal of her complaint and requested the 2^nd Respondent's Department not to proceed with the disciplinary proceeding.

4. The applicant was shocked and surprised when he was arrested on 12/03/2023 by the Station House Officer of Town Police Station, Karaikal on the ground that in an enquiry conducted on a complaint given by certain financial companies operating in Karaikal District, applicant is alleged to be involved in pledging of certain spurious and fake jewellery with them. The applicant was remanded to judicial custody on 13.03.2023 and was released on bail on 24.04.2023 vide order passed by Hon'ble High Court in the Crl. O. P. No.8495, 8496, 8498 and 8499 of 2023.

5. After he was released on bail, applicant examined all the First Information Reports filed in Crime Nos. 38 of 2023, 39 of 2023, 41 of 2023 and 42 of 2023 and came to know that no allegations were made against him in any of those FIRs filed by the financial companies. The complaints were with respect to the modus operandi of one Rifath Kameel who had pledged fake and spurious jewellery a