IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.NO.38002 OF 2006 (O.A.No.10704/98) K.A.John Sheriff .. Petitioner Vs 1. The Inspector General of Police (Law & Order), Chennai-4. 2. The Deputy Inspector General of Police, Coimbatore Range, Coimbatore-18. 3. The Superintendent of Police, District Police Office, Erode. .. Respondents PRAYER : Original Application No.10704 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to quash the punishment of reduction in the time scale of pay by two stages for two years with cumulative effect passed by the third respondent herein in his proceedings No.J1/PR.46/97 dated 24.10.97 and the consequential order of the second respondent passed in his C.NO.A.P./18/D2/98 dated 30.07.98 and further consequential order of the first respondent passed in his RC.No.202280/A.P.I(1)/98 dated 10.11.98 with all consequential, monetary and service benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For Petitioner : Mr.S.Ravi For Respondents: Mr.B.Vijay Government Advocate O R D E R Original Application No.10704 of 1998 was filed before the Tamil Nadu Administrative Tribunal praying to quash the punishment of reduction in the time scale of pay by two stages for two years with cumulative effect passed by the third respondent herein in his proceedings No.J1/PR.46/97 dated 24.10.97 and the consequential order of the second respondent passed in his C.NO.A.P./18/D2/98 dated https://hcservices.ecourts.gov.in/hcservices/ 30.07.98 and further consequential order of the first respondent passed in his RC.No.202280/A.P.I(1)/98 dated 10.11.98 with all consequential, monetary and service benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2.In the present case, 40 years old Grade-II Police Constable suffered the punishment of reduction in the time scale of pay by two stages for two years with cumulative effect. He was served with a charge memo in P.R.46/97 under Rule 3 (b) of Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules by the third respondent. Proceedings were intiated for running a chit company and for cheating the public. An Enquiry Officer was appointed and after a detailed enquiry, the charges were held to be proved. In the enquiry witnesses were examined and several documents were marked. Agreeing with the findings of the Enquiry Officer, the disciplinary authority, the Superintendent of Police imposed the punishment of reduction in time scale of pay by two stages for two years with cumulative effect. 3.Aggrieved by the punishment, the petitioner preferred an appeal, which was rejected by the second respondent. Hence, the petitioner preferred a review petition and the same was also rejected. Challenging the same, this original application has been filed. 4.In the writ petition, the main grievance appears to be on the factual aspects of the charges framed and the writ petition is canvased, challenging the merits of the finding of the Enquiry Officer and the disciplinary authority. It has been confirmed by the appellate authority. 5.On going through the orders of the disciplinary authority and the reviewing authority. This Court is not inclined to interfere with the findings with regard to the delinquency charged as well as the quantum of punishment as they are based on the proper appreciation of the oral and documentary evidence let in by the department and this Court is not inclined to re appreciate the factual aspects of the case to hold otherwise. There is no serious infirmity and illegality of the proceedings which are under challenge. Hence, finding no merits the writ petition is dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ vsm To 1. The Inspector General of Police (Law & Order), Chennai-4. 2. The Deputy Inspector General of Police, Coimbatore Range, Coimbatore-18. 3. The Superintendent of Police, District Police Office, Erode. + 1 CC to the Government Pleader SR NO 8694 W.P. NO.38002 of 2006 RB(CO) sra 09/03/2010 https://hcservices.ecourts.gov.in/hcservices/