The Deputy Inspector General of Police vs Durairaj

N. Paul Vasantha Kumar, J.—This writ appeal is filed against the order made in W.P. No. 23027 of 2008, dated 29.4.2011, wherein the respondent has challenged the order passed by the 3rd appellant dated 14.5.2002 and confirmed by the 1st appellant by order dated 04.2.2003 imposing punishment of stoppage of increment for two years and direct the appellants to disburse the arrears of increment stopped pursuant to the punishment order dated 14.5.2002 as confirmed and place the respondent on promotion as Head Constable from 19.10.2000.

The case of the respondent before the learned Single Judge was that he joined the service of the Police Department on 20.7.1973 as Grade-II Police Constable and was promoted as Grade-I Police Constable during the year 1994-1995 and his next level of promotion as Head Constable was due on 19.10.2000. The said promotion was withheld by the appellants stating that the respondent was on leave on the date of promotion. The grievance of the respondent was that no notice was issued to him for withholding the promotion. On 01.3.2002, the respondent was served with show cause notice by the 3rd appellant and there was no reasoning in the said order awarding punishment. The respondent submitted a representation to the 1st appellant to reconsider the punishment by way of an appeal and the same was rejected by the 1st respondent on 04.2.2003. On 25.2.2005, the respondent was given promotion as Head Constable. Hence, the respondent has filed the writ petition with the above said prayer.

The learned single Judge allowed the writ petition holding that the punishing authority proceeded to impose the punishment only on the ground that the respondent did not furnish his explanation. Aggrieved over the said finding, the appellants have filed this writ appeal.

Even though the name of counsel for the respondent was printed in the cause list and when the matter was posted for hearing on 01.12.2014, 09.12.2014 and 10.12.2014, neither the counsel for the respondent nor the respondent has appeared and opposed the writ appeal.

It is seen from the records that the respondent was issued with a show cause notice under Rule 3(a) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955 calling for explanation regarding the interdisciplinary conduct in having entered on medical leave for 10 days without obtaining sick passport from the authority competent by directly appearing before the Medical Officer, Government Hospital, Harur, obtained Medical Certificate for 10 days from 19.1.2001 and thereby violated the provisions laid down in P.S.O. 272 (revised) Volume-I. The respondent was directed to submit his objection/explanation within a period of fifteen days and the respondent received the said show cause notice on 18.3.2002 and no reply was given denying the said charge.

Thereafter, on 14.5.2002, the 3rd appellant imposed punishment of postponement of increment for a period of two years with a specific direction that the postponement shall not operate his future increments. Against which, the respondent preferred an appeal before the 2nd appellant and the 2nd appellant having noticed the reasons/grounds raised in the mercy petition dated 17.11.2002 as well as the connected records, found that the respondent absented as many as 15 times earlier and the said absence was leniently viewed and therefore, the Disciplinary Authority was justified in imposing punishment of withholding of increment for two years, which being minor punishment and shockingly disproportionate to reduce the punishment and rejected the appeal.

The learned single Judge allowed the writ petition by holding that the respondent had applied for leave. When the matter posted for hearing, we have directed the learned Special Government Pleader to produce the entire File, including the medical certificate produced by the respondent. By perusal of the File, it is seen that the Medical Officer, namely Dr.N.Thillaiarasan, Assistant Medical Officer (Sidha), Government Hospital, Harur issued the medical certificate stating that the respondent is suffering from "Gonmmam" and he can be granted leave for 10 days from 19.1.2001. The charge itself is that the respondent has failed to apply for leave in advance and obtaining sick passport. From the said medical certificate, we are unable to see whether the respondent took treatment as an in-patient or not. If the respondent was treated as in-patient, the respondent may be justified in not getting the sick passport by applying the leave, as the said medical treatment is an immediate requirement. Considering the said factual aspects and in the absence of any pleading on the part of the respondent that he took treatment as an in-patient, we are unable to sustain the order of the learned single Judge.

In the result, the order of the learned single Judge made in W.P. No. 23027 of 2008, dated 29.4.2011 is set aside and the writ appeal is allowed. No costs. Consequently, M.P. No. 1 of 2012 is closed.