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2012 DIGILAW 2328 (MAD)

T. Durai Raju v. Superintendent of Police

2012-06-07

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner entered the service as Grade-II Police Constable at Thanjavur District on 05.10.1970. The petitioner was promoted as Head Constable in the year 1996. The petitioner was prosecuted on the complaint of Thiru Swamynathan for illegal gratification. 2. The petitioner was charged under Section 7, 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and was placed under suspension during trial. 3. On conviction, the petitioner was issued show cause notice, calling to show cause as to why his services be not dispensed with. Instead of replying to the show cause notice, the petitioner approached this Court to challenge the show cause notice. 4. The show cause notice has been issued by the competent authority having jurisdiction, therefore, writ against show cause notice is not competent. The petitioner may file reply to the show cause notice, by taking all the defenses available to him. 5. This writ petition, being against show cause notice only, is ordered to be dismissed. 6. However, keeping in view of the fact that stay was granted to petitioner, he is given one month's time from the date of receipt of certified copy of this order to submit reply to the show cause notice, if so advised. 7. No costs.