IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 24.02.2010 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P. Nos.43344 OF 2006 C. Paulraj ... Petitioner Vs. 1.Inspector General of Police, Law and Order, Chennai.4. 2. Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli. 3. Superintendent of Police, District Police Office, Thoothukudi District. ... Respondents Writ Petition came to be numbered by transfer of Original Application No.7303 of 1999 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to this Court and re-numbered as W.P.No.43344 of 2006 to quash the punishment of reduction in time scale of pay by two stages for two years with cumulative effect passed by the third respondent herein in his P.R.No.58/95, dated 19.8.97 and the consequential appeal rejected order passed by the second respondent herein in his C.No.A2/AP.57/97 dated 16.12.97 and the further consequential review rejected order passed by the first respondent herein in his Rc.No.177833/AP.2(1)/98, dated 16.9.98 with all consequential monetary and service benefits. For Petitioner : Mr.S. Ravi For Respondent : Mr.S.Sivashanmugam Govt. Advocate. ORDER The petitioner, Head constable, challenges the punishment of reduction in the time scale of pay for two stages for 2 years without cumulative effect. 2. The petitioner was served with a Charge memo in PR No. 38/99 under Rule 3(b) of the Tamil Nadu Police Subordinate (Discipline and Appeal) Rules on the ground that he travelled in the train without ticket and involved in Cr.No. 549 of 1994 and on further allegation https://hcservices.ecourts.gov.in/hcservices/ of unauthorised leave from 21/22.6.1994 and also such other allegations. The enquiy officer conducted oral enquiry, seven witnesses were examined and documents were marked. The petitioner was given an opportunity to participate in the enquiry proceedings. The enquiry officer came to the conclusion that all the charges were proved and the disciplinary authority/ third respondent imposed the punishment as above. An appeal to the Deputy Inspector General of Police/ second respondent was filed and rejected and confirmed by the Inspector General of Police in the review. Challenging the same, the original application has been filed in the year 1999 and renumbered as writ petition. 3. In the writ petition, the petitioner raised a plea that the finding of the enquiry officer and the disciplinary authority is erroneous in the facts and circumstances of the case. It is also contended that the evidence of witnesses has not been properly considered and that he further contended that the punishment imposed is excessive and not commensurate with the delinquency charged. 4. Heard Thiru Sivashanmugam, learned government Advocate, who reiterated the stand of the department as set out in the reply affidavit. 5. The petitioner in this case has been issued with a charge memo on several grounds and the enquiry officer has gone into the oral and documentary evidence let in to conclude that the petitioner is guilt of the delinquency charged. The disciplinary authority accepting the view of the enquiry officer came to the conclusion that the petitioner is guilty of the delinquency charged and imposed the punishment as above. There is no infirmity in the disciplinary proceedings alleged, the appellate authority and the reviewing authority has considered the matter and confirmed the order of the disciplinary authority. 6. In such view of the matter, this Court is not inclined to re- appreciate the factual aspects of the case to come to a different conclusion from that of the disciplinary authority as confirmed by the superior authorities in the departmental proceedings. There is no serious infirmity and illegality in the proceedings. Hence, finding no merits, this writ petition is dismissed. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar ra https://hcservices.ecourts.gov.in/hcservices/ To 1. Inspector General of Police, Law and Order, Chennai.4. 2. Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli. 3. Superintendent of Police, District Police Office, Thoothukudi District. +1 CC to Mr.S.Ravi Advoate Sr.13000 +2 CC to Government Pleader Sr.No.12859,11907 WP No.43344/2006 CK (CO) https://hcservices.ecourts.gov.in/hcservices/