IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 09.02.2010 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P. NO.37533 OF 2006 OA.10560/98(T) T.VASANTHAKUMAR .. PETITIONER Vs DEPUTY COMMISSIONER OF POLICE ADYAR CHENNAI-20. .. RESPONDENT PRAYER: Writ Petition came to be numbered by transfer of O.A. No.10560 of 1998 on the file of the Tamil Nadu Administrative Tribunal to call for the records in connection with Pro.P.R.No.2/Tha.Pi.3(1)/97 Na.Ka.Order No.281/98 dated 27.7.98 of the Deputy Commissioner of Police Adyar, Chennai-20 and to set aside the same and to allow the petitioner to draw the scale of Rs.3500/- instead of Rs.3425/-. For Petitioner : Mr. S. Ilamvaludhi For Respondents : Mr. S. Siva Shanmugam Government Advocate O R D E R This writ petition is filed to call for the records in connection with Pro.P.R.No.2/Tha.Pi.3(1)/97 Na.Ka.Order No.281/98 dated 27.7.98 of the Deputy Commissioner of Police Adyar, Chennai-20 and to quash the same and to allow the petitioner to draw the scale of Rs.3500/- instead of Rs.3425/-. 2. Gr.I. Police constable suffered punishment of reduction of pay for one year without cumulative effect. 3. The delinquency charged is chronic absenteeism and dereliction of duty. An enquiry officer was appointed and he found all the charges were proved after a full fledged enquiry. The disciplinary authority/ Deputy Commissioner of Police imposed the punishment as above. No appeal has been filed to the appellate https://hcservices.ecourts.gov.in/hcservices/ authority. Instead, the petitioner has approached the Tribunal in the year 1998. 4. The challenge in the writ petition relates to factual aspects of the delinquency charged which has been held to be proved in a proper departmental enquiry. 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 case and consider the merits of the charges, which has held to be proved in an enquiry conducted according to the procedure prescribed. The disciplinary authority imposed the punishment of reduction of pay for one year without cumulative effect. Considering the facts and circumstances of the case and the nature of delinquency charged, this Court is not inclined to interfere with the findings of guilt or the punishment imposed by the disciplinary authority. No plea is advanced that there is infirmity in the departmental proceedings. Finding no merits, this writ petition is dismissed. No costs. ra Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To THE DEPUTY COMMISSIONER OF POLICE ADYAR CHENNAI-20. + 1 cc to Mr. S. Ilamvaludhi, Advocate SR No.8379 + 1 cc to Government Pleader, SR No.8698 RS(CO) SR/2.3.2010 W.P.NO.37533 OF 2006 https://hcservices.ecourts.gov.in/hcservices/