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2009 DIGILAW 2392 (MAD)

P. Gopala Krishnan v. The superintendent of Police

2009-07-15

M.JAICHANDREN

body2009
Judgment :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 2. The brief facts of the case are as follows: The petitioner had entered the service in the Police Department as a Police Constable, on 18. 1968. He was promoted as Grade-I Police Constable in the year, 1989. Subsequently, he was reverted as Grade-II Police Constable in the same year. He was placed under suspension by the respondent by his proceedings, dated 15. 1993, based on an allegation that he, along with some other police constables was involved in beating one Mani, an auto rickshaw driver, on 14. 1992, leading to his death. Hence, a criminal enquiry was pending against him and a criminal prosecution had also been initiated. The petitioner had challenged the suspension order before the Tamil Nadu Administrative Tribunal in O.A.No.3947 of 1993. Based on the order of stay granted by the Tribunal, on 7. 1993, the petitioner was reinstated in service, by an order of the respondent, dated 27. 1993. The petitioner had also been acquitted in a criminal case initiated against him by an order, dated 15. 1995, in S.C.No.26 of 1995. In the departmental enquiry it was held that the charges against the petitioner had not been proved. In such circumstances, the period of suspension of the petitioner from 15. 1993 to 27. 1993 is to be treated as duty period. 3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondent had submitted, by placing before this Court a communication, in C.No.F3/18597/2009, dated 7. 2009, that the petitioner was allowed to retire, on 30.6.2004, on attaining the age of superannuation and the period of suspension spent by him, from 15. 1993 to 20.7.1993, was treated as period spent on duty, for all purposes, as per the Office D.O.No.808/2004, in Rc.No.F1/6002/2003, dated 26. 2004 and D.O.No.903/2004, in Rc.No.F1/PR.34/94, dated 7. 2004. It is also seen from the order of the Tamil Nadu Administrative Tribunal, dated 2. 2002, made in O.A.No.7434 of 2000, that the show cause notice issued to the petitioner has been set aside. Further, it has been stated that the arrears of pay and allowances will be drawn and paid to the petitioner, shortly. 4. 2004. It is also seen from the order of the Tamil Nadu Administrative Tribunal, dated 2. 2002, made in O.A.No.7434 of 2000, that the show cause notice issued to the petitioner has been set aside. Further, it has been stated that the arrears of pay and allowances will be drawn and paid to the petitioner, shortly. 4. In such circumstances, the respondent is directed to pay the arrears and allowances due to the petitioner, within a period of three months from the date of receipt of a copy of this order. The writ petition stands closed, with the above directions. No costs.