Madras high court rejects cop’s plea against dismissal from service
TNN | Dec 24, 2019, 04.45 AM IST
TNN | Dec 24, 2019, 04.45 AM IST
MADURAI: Madras high court has dismissed the appeal of a police constable against his removal from service for unauthorized absence from duty, saying he had not produced any evidence to substantiate his illness during the period before the disciplinary authority, appellate authority, review authority, the single judge and even before the court.
P Selvan was working as a grade I police constable in Pudukottai highway patrol when he was transferred to Puliyampatti police station on April 8, 2004. Before joining duty, the appellant went to visit his family where he suffered chest pain and was admitted to a hospital. Subsequently, he was not able to join duty on the specified time. Subsequently, disciplinary proceedings were initiated and a charge memo issued on August 23, 2004. Though the appellant was asked to appear before the superintendent of police (SP) within 60 days, he failed to do so due to which desertion notice was issued to him. Failing to appear before the SP became the second charge against the petitioner which amounts to gross negligence of duty.
An inquiry officer submitted a report dated November 8, 2011 stating that the appellant had not produced medical certificate or any evidence to support his case. Based on this report, the disciplinary authority removed him from service on November 24, 2004. Though Selvan filed an appeal it was rejected and so was his review petition in 2005. He subsequently moved the HC Madurai bench, but a single judge also dismissed his petition on October 7, 2009, which he challenged in 2012. A division bench comprising Chief Justice A P Sahi and Justice Subramonium Prasad observed that the appellant could not produce any evidence to show that he had informed the department that he was not keeping well or that he would be sending the medical certificate. “There is no material on record to show that the inquiry has been conducted by violating the principles of natural justice and the decision making process cannot be faulted with,” the judges said while dismissing the appeal.
P Selvan was working as a grade I police constable in Pudukottai highway patrol when he was transferred to Puliyampatti police station on April 8, 2004. Before joining duty, the appellant went to visit his family where he suffered chest pain and was admitted to a hospital. Subsequently, he was not able to join duty on the specified time. Subsequently, disciplinary proceedings were initiated and a charge memo issued on August 23, 2004. Though the appellant was asked to appear before the superintendent of police (SP) within 60 days, he failed to do so due to which desertion notice was issued to him. Failing to appear before the SP became the second charge against the petitioner which amounts to gross negligence of duty.
An inquiry officer submitted a report dated November 8, 2011 stating that the appellant had not produced medical certificate or any evidence to support his case. Based on this report, the disciplinary authority removed him from service on November 24, 2004. Though Selvan filed an appeal it was rejected and so was his review petition in 2005. He subsequently moved the HC Madurai bench, but a single judge also dismissed his petition on October 7, 2009, which he challenged in 2012. A division bench comprising Chief Justice A P Sahi and Justice Subramonium Prasad observed that the appellant could not produce any evidence to show that he had informed the department that he was not keeping well or that he would be sending the medical certificate. “There is no material on record to show that the inquiry has been conducted by violating the principles of natural justice and the decision making process cannot be faulted with,” the judges said while dismissing the appeal.
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