The petitioner, questioning the correctness of the punishment order dated 27.11.2011 passed by the Joint Commissioner of Police, West Zone, Chennai in PR No.01/PR/WZ/2011 PR.No.80/H1/2010, the third respondent herein imposing punishment of postponement of increment for two years with cumulative effect, confirmed by the Commissioner of Police, Greater Chennai, Chennai in Rc.No.PRI/CPO/12/5570/2012 (Rc.No.WZ/2/000027/2012) dated 10.05.2014, the second respondent herein and confirmed by the Director General of Police, Chennai-the first respondent herein in Rc.No.21577/AP.3(2)/2015 dated 10.12.2016, has filed this writ petition.
2.Learned counsel appearing for the petitioner would submit that when the petitioner entered the service of the Police Department as Grade II Police Constable on 27.02.1986, on completion of the probation with effect from 18.04.1988, was given promotion as Grade I Police Constable on 01.11.1997 and thereafter got promotion to the post of Head Constable on 22.07.2002. Again he was further promoted to the post of Special Sub-Inspector of Police on 01.02.2014. In the meanwhile, by order dated 16.02.2010 passed by the Deputy Commissioner of Police, Ambattur district, he was placed under suspension on 30.01.2010 on the ground that a criminal case in Crime No.13/2010 under
Sections 420,294 (b) read with 34 IPC citing him as A2, was under investigation. Since the said criminal case was registered pursuant to the complaint given by one Tmt.Usha in Crime No.13/2010, on the file of the Inspector of Police, Central Crime Branch, Team 3, Chennai levelling an allegation against the petitioner and his wife that she and her neighbour were conducting chit fund led by Tmt.Usha, the petitioner's wife requested the said Tmt.Usha to take part in the chit fund. Accepting the words of the petitioner's wife, she was also added as one of the members in the chit fund for Rs.50,000/- on 05.07.2007. Subsequently, she also obtained first chit and paid monthly instalments till December, 2009. Thereafter, the petitioner's wife became the successful bidder at the initial stage of all the chits. It was further alleged that she has not paid the monthly instalments. Subsequently, on a complaint given by the said defacto complainant, the fourth respondent-Assistant Commissioner of Police, Poonamallee Range issued a charge memo dated 16.04.2010 to the petitioner, on the basis of registration of FIR in Crime No.13/2010 for the offences under
Sections 420,294 (b) read with 34 of IPC levelling a charge that the petitioner was the reason for registration of FIR in Crime No.13/2010 on the file of the Inspector of Police, Central Crime Branch, Team 3, Chennai. Thereafter, although the petitioner submitted his explanation to the Assistant Commissioner of Police, Control Room, Chennai, who was appointed as enquiry officer, finally, after filing of the documents, the enquiry officer, on completion of enquiry, found him guilty. In the meanwhile, the petitioner also filed Crl.O.P.No.5779 of 2010 under
Section 482 of Cr.P.C. praying to quash the FIR registered in Crime No.13/2010 on the file of the Inspector of Police, Central Crime Branch, Team 3, Chennai Suburban Police, Chennai. After granting stay, when the matter was taken up, by order dated 03.02.2011, on perusal of the complaint, it was found that there was no allegation implicating the petitioner who is a Police Constable. Therefore, it was held that it is a fit case to interfere with the First Information Report in crime No.13/2010 and accordingly the same was quashed in respect of the petitioner alone. Hence, when the FIR filed against the petitioner was quashed by this Court on 03.02.2011 and subsequently, the charge sheet filed against the petitioner's wife was also quashed by this Court on 16.10.2014, the further appeal filed by the petitioner challenging the correctness of the punishment should have been allowed by the Appellate Authority.
3. But this Court hardly finds any justification to entertain the writ petition. The reason is that when he was slapped with a charge under Rule 3(b) of the Tamilnadu Police Subordinate Services (Discipline & Appeal) Rules, 1955, which is given as follows, "jkpH;ehL fhty; Jiwapy; xU bghWg;g[s;s jiyikf; fhtyuhfpa ePh; O12 g{e;jky;yp fhty; epiyaj;jpy; jiyikf; fhtyuhf 31/05/2008 njjp Kjy; 16/02/2010 tiu gzpg[hpe;j nghJ ckJ FoapUg;g[ gFjpapy; jpUkjp/cc}. t-44. f-bg/nfhtpe;jd;. be/3-75. fz;zg;gh bjU. eruj;ngl;il. vd;gth; elj;jp tUk; khjhe;jpu rPl;oy; 15/05/08 njjpapy; U:/1.00.000-- rPl;oYk;. 12/06/08 njjpapy; U:/1.00.000-- rP;loYk;. 12/08/08 njjpapy; U:/50.000-- rPl;oYk;. 15/10/08 njjpapy; U:/1.00.000-- rPl;oYk; ckJ KG rk;kjj;Jld; ckJ kidtp jpUkjp/Fl;o vd;fpw g[dpjh mth;fis g';Fbgw itj;Jk;. ePUk; ckJ kidtpa[k; nrh;e;J nkw;go rPl;Ljhuh; ccp vd;gthplk; nkw;go rPl;Lfspy; gzk; vLj;jgpwF bjhlh;e;J fl;lhky; Vkhw;Wk; nehf;ffj;Jld; bray;gl;oUg;gJ bjhlh;ghf ck;kPJ brd;id g[wefh; kj;jpa Fw;wg;gphpt[ Kjy; jfty; mwpf;if vz;/13/2010 rl;lg;gphpt[ 420. 294(b) r/w 34 IPC d;go gjpt[ bra;a fhuzkhf ,Ue;jJ fz;of;fj;jf;f Fw;wkhFk;"/ it goes without saying that the above charge was framed against the delinquent petitioner on the basis of the criminal case registered by the Central Crime Branch in Crime No.13/2010 for the offences under
Sections 420,294 (b) read with 34 IPC on 30.01.2010 and in the FIR, his name was also cited as A2. Therefore, the Joint Commissioner of Police, West Zone, while carefully considering that the FIR has been quashed by this Court in Criminal O.P.No.5779/2010 as there was no allegation implicating him, yet, accepting the report of the enquiry officer, held him guilty.
4. In my opinion, the approach of the third respondent /disciplinary authority cannot be found fault with. The reason is that when the standard of proof adopted before the domestic enquiry is only on the principle of preponderance of probabilities, whereas the standard of proof before the criminal Court is on the principle of proving the case beyond all reasonable doubt, therefore, when the enquiry officer has submitted his report after considering all the documentary evidence and came to the conclusion that the petitioner's wife was aided by the petitioner in committing the above offence, the contentions made by the delinquent petitioner that he was unaware of the fact that his wife had joined the chit and evading to pay the monthly instalments, were overruled. The reason is that having taken the chit in the auction, it is imperative for the member to see that the instalments are paid regularly. Hence, the disciplinary authority has come to the conclusion that being a member of the Police Force, the delinquent should have been more conscious of this fact. On this basis, he has imposed only a lighter punishment of postponement of increment for two years with cumulative effect and he has also released from suspension with immediate effect and posted to P-1 Pulianthope Police Station and this order has been, on appeal, confirmed by the Commissioner of Police, Chennai and the further appeal made before the first respondent was also dismissed.
5. Even a perusal of the order passed by the first respondent also clearly shows that on proper application of mind, the case of the petitioner was thoroughly examined. When the first respondent has affirmed the orders passed by the lower authorities, that though the FIR was quashed but the charges were proved based upon the principle of preponderance of probabilities, as the departmental evidence cannot be rejected, with that of the proceedings before the criminal court, this Court, fully agreeing with the said reasonings, is not inclined to interfere with the impugned orders. Accordingly, the writ petition fails and it is dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.
21.06.2017 maya/ss Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order To
1. The Director General of Police, Tamil Nadu, Chennai 600 004.
2. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai 600 007.
3. The Joint Commissioner of Police, West Zone, St. Thomas Mount, Chennai 600 016.
4. The Assistant Commissioner of Police, Poonamallee Range, Poonamallee, Chennai 56.
T.RAJA, J.
maya/ss W.P.No.15585 of 2017 21.06.2017