IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 15.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.37454 of 2006 1.S.Divyanathan Head Constable 403, Kambainallur Police Station, Dharmapuri District .. Petitioner vs 1.The Inspector-General of Police, Law and Order, Chennai-4 2.The Deputy Inspector-General of Police, Vellore Range, Vellore 3.The Superintendent of Police, District Police Office, Dharmapuri .. Respondents Prayer: Writ petition came to be numbered by transfer of O.A.No.8258 of 1998 on the file of the Tamil Nadu Administrative Tribunal praying to quash the punishment of reduction in time scale of pay by two stages for a period of two years with cumulative effect passed by the third respondent herein in his P.R.No.108/94 dated 18.11.1997 and the consequential order of the second respondent herein in his C.No.B1/AP.5/98 dated 14.02.1998 and the further consequential order of the first respondent herein in his RC.No.95269/AP.2(2)/98 dated 04.08.1998 with all consequential monetary and service benefits. For Petitioner : Mr. S. Ravi For Respondents : Mr. B. Vijay, Govt. Advocate O R D E R This writ petition is filed to quash the punishment of reduction in time scale of pay by two stages for a period of two years with cumulative effect passed by the third respondent herein in his P.R.No.108/94 dated 18.11.1997 and the consequential order of the second respondent herein in his C.No.B1/AP.5/98 dated 14.02.1998 and the further consequential order of the first respondent herein in his RC.No.95269/AP.2(2)/ 98 dated 04.08.1998 with all consequential monetary and service benefits. https://hcservices.ecourts.gov.in/hcservices/ 2. The head constable has filed the original application in the year 1998 challenging the order of punishment imposed viz., reduction in time scale of pay by two stages for a period of two years with cumulative effect. The petitioner was served with a charge memo in PR No. 108/94 , dated 27.7.1994 under Rule 3(b) of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules on the allegation that he, despite the instructions of the Inspector of Police concerned, he misbehaved with the superior officer. For such an act of insubordination, a charge memo was issued and in the disciplinary proceedings, an enquiry officer was appointed, seven witnesses were examined and 9 exhibits were marked. The enquiry officer submitted a report on 13.7.1996 holding that all the charges were proved. The disciplinary authority/ Superintendent of Police, on taking lenient view of the matter, imposed the above said punishment. The appeal to the Deputy Inspector General of Police was dismissed and the review petition to the first respondent was also rejected. Challenging the same, the original application has been filed. 3. The factual aspects of the delinquency alleged is under challenge. In this case, the enquiry officer taking into consideration the number of witnesses and the documents marked, has come to the conclusion that the charges are proved. The petitioner had ample opportunity to defend the case in the departmental proceedings. The appeal and the review petition have been considered by the superior authorities and disposed of on merits. 4. This Court, in exercise of powers under Article 226 of the Constitution of India, is not inclined to go into the factual aspects of the delinquency charged to differ with the findings of the disciplinary authority as well as the appellate authority. No serious infirmity is alleged in the disciplinary proceedings. This Court is not inclined to go into factual aspects once again. Considering the nature of the charges the findings of the disciplinary authority and the punishment imposed and the dismissal of appeal or review as the case may be, this Court is not inclined to interfere with the same on merits. Hence, this writ petition is dismissed. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar ra To 1.The Inspector-General of Police, Law and Order, Chennai-4 https://hcservices.ecourts.gov.in/hcservices/ 2.The Deputy Inspector-General of Police, Vellore Range, Vellore 3.The Superintendent of Police, District Police Office, Dharmapuri + 1 cc to Mr.S.Ravi,Advocate,SR.9910 W.P.No.37454 of 2006 SJ(CO) EM/3.3.10 https://hcservices.ecourts.gov.in/hcservices/