IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.07.2010 CORAM THE HONOURABLE Mr. Justice T.RAJA W.P.No. 41449 of 2006 P.Rangaswamy ... Petitioner -vs- 1.The Deputy Commissioner of Police, Crime and Traffic, Coimbatore City. 2.The Commissioner of Police, Coimbatore City. ... Respondents PRAYER: This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.1454 of 2000 from the file of Tamil Nadu Administrative Tribunal, to call for the records of the first respondent in connection with the order passed in PR No.153/F1/99, dated 19.11.1999 and quash the same and exonerate the petitioner from the delinquency and grant such other further relief. For Petitioner : Mr.B.K.Srinivasan for Mr.M.Muthappan For Respondents : Mr.S.Gopinathan, Additional Government Pleader O R D E R On abolition of the Tribunal, the Original Application in O.A.No.1454 of 2000 filed before the Tamil Nadu Administrative Tribunal stood transferred to this Court and re-numbered as W.P.No.41449 of 2006. 2.The petitioner was appointed as Police Constable in the Coimbatore District Armed Reserve on 19.04.1977 and he was transferred to Taluk Police in the year 1988. The petitioner was issued with a charge under Rule 3(b) of TNPSS (D&A) Rules for highly indisciplinary conduct in sending a telegram from Jalandhar on https://hcservices.ecourts.gov.in/hcservices/ 09.06.1999 at 20.40 hours to the Collector of Coimbatore, making false allegations against his superior stating that he was deputed to Jalandhar without providing feeding allowance. In view of the proceedings initiated under Rule 3(b) of TNPSS (D&A) Rules, an oral enquiry was conducted against the petitioner. In the said enquiry, on the side of the prosecution, seven witnesses were examined and eight documents were marked and the petitioner cross examined the prosecution witnesses. Thereafter, the petitioner has submitted his explanation stating that the petitioner was deputed to Special Team formed in connection with CCB in Crime No.17/99, despite his representation pleading inability to go to Jalandhar on the ground that he had some urgent family work and expressed his financial crisis. In spite of his representation, he was forced to go to Jalandhar which affected his mental peace, resulting in sending a telegram to the superiors asking for money. Subsequently, the petitioner has sent telegrams repeatedly to the District Collector. After going through the explanation in detail, the Enquiry Officer has come to a conclusion that the charge was proved against him and found guilty. Copy of the minute was furnished to the delinquent calling for his further explanation. The petitioner submitted his representation on 29.10.1999, refuting the charge and stating that he was forced to send telegrams to the Commissioner of Police and the Collector due to monetary problem he faced as he was not granted advance travelling allowance though he asked for. In his further explanation, he pleaded that he has not asked for feeding allowance in his Telegram and he asked for advance to his family in his absence for some urgent need. Finally, the petitioner has admitted the delinquency and on sympathetic consideration, he requested to drop the action against him. The petitioner himself admitted the delinquency in his explanation and the disciplinary Authority finally imposed a punishment of stoppage of increment for two years with cumulative effect. Aggrieved by the same, the petitioner made a request to the second respondent. On considering his request, the petitioner has committed serious misconduct in sending a telegram to the District Collector by making false allegations against the superiors and the Commissioner of Police initiated action against the petitioner and his appeal has not been considered by the second respondent. As a result, the petitioner has filed the present petition. 3.The learned counsel appearing for the petitioner submits that when the petitioner was directed to go to Jalandhar on duty he was not paid any advance travelling allowance and he was not able to meet his financial difficulties. Hence, he made a representation pleading his inability to go to Jalandhar on the ground that he had some urgent family work and also expressed his financial crisis. In spite of the representation made by the petitioner, he was forced to go to Jalandhar which affected mental peace resulting in sending telegram for money. Subsequently, the petitioner has sent telegrams repeatedly https://hcservices.ecourts.gov.in/hcservices/ to the District Collector requesting him to pay the travelling allowance to run his day to day expenses. Therefore, by giving such a telegram cannot be viewed very seriously warranting imposing of stoppage of increment for two years with cumulative effect and on the basis prayed for setting aside the impugned order. It was further submitted that in view of the punishment of stoppage of increment for two years with cumulative effect, such punishment has affected his pensionary benefits and on the basis prayed for dismissal of the impugned order. 4.The learned Additional Government Pleader for the respondents submits that the petitioner sent a telegram to the District Collector and Commissioner of Police asking them to pay the advance travelling allowance to his family. In the said telegram, the petitioner has made false allegations against his superiors to the District Collector. Therefore, the petitioner being a part of the Disciplinary Force, he should not have made any false complaint against his superiors to the District Collector. However, it was viewed very seriously and he was subjected to disciplinary proceedings under Rule 3(b) of TNPSS (D&A) Rules. An oral enquiry was conducted. In the enquiry proceedings, he has admitted his guilt and pleaded mercy. Therefore, the punishment imposed against the petitioner cannot be found fault with, on the basis prayed for dismissal of the petition. 5.While the petitioner was serving as Grade I Police Constable, he was sent to Jalandhar to secure one accused Subasingh and two others concerned in Kaparthala Police Station in Crime No.15/99 on police custody, who were wanted in City Crime Branch in Crime No.17/99. It is not the case that the petitioner along with three others were sent to Jalandhar. If the petitioner is in need of Travelling Allowance advance, he should have submitted a petition to the Commissioner of Police through Inspector and obtained the advance amount before proceeding to Jalandhar. But, he had failed to do so. Without submitting any petition, the petitioner, by making false allegations, sent a telegram to the District Collector as he was only a person sent to Punjab to secure the accused and two others involved in Kaparthala P.S. Cr.No.15/99 on police custody which has shown his indisciplinary conduct. Hence, it was viewed very seriously and he was subjected to disciplinary proceedings under Rule 3(b) of TNPSS (D&A) Rules. In the enquiry, 7 witnesses were examined and eight documents were marked. In support of his case, the petitioner did not produce any single witness nor any documentary evidence. Therefore, the Enquiry Officer found him guilty of the charges leveled against him. In his written explanation, the petitioner admitted his delinquency and pleaded mercy. The misconduct committed by the petitioner being very serious for having made complaint with false allegations to the District Collector, the disciplinary authority found guilty and finally imposed the punishment of stoppage https://hcservices.ecourts.gov.in/hcservices/ of increment for a period of two years with cumulative effect. In these circumstances, this Court does not incline to interfere in exercising its power under Article 226 of the Constitution of India. Accordingly, this writ petition is dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar mps To 1.The Deputy Commissioner of Police, Crime and Traffic, Coimbatore City. 2.The Commissioner of Police, Coimbatore City. 1 cc To The Government Pleader, SR.47374 W.P.No. 41449 of 2006 AKR(CO) sra 22/09/2010 https://hcservices.ecourts.gov.in/hcservices/