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The charges pressed against Ex- CBCID officer Chakrapani are offenses under Section 342 & 354 of IPC, declared by the learned Single Judge J.SATHYA NARAYANA PRASAD, J in W.P.No.4373 of 2009 dismissing the writ petition. In the judgment passed on 10.01.2022 in the case G.CHAKRAPANI Vs. THE PRL SECRETARY TO GOVT (W.A.No.2913 of 2012).

Facts of the Case – On 14.07.1976, the appellant was hired as a Junior Assistant in the office of the Commissioner of Police by the Tamil Nadu Public Service Commission. He was then promoted to Assistant on December 7, 1983, and Superintendent on December 28, 1996. He was suspended from service on 08.02.1999 while working as a Superintendent in the Crime Branch Criminal Investigation Department (CBCID) in Chennai due to outstanding criminal accusations. During his suspension, the Commandant, Tamil Nadu Special Police VIII Battalion issued a Show Cause Notice in P.R 19/99 for charges under Rule 17(a) of the Tamil Nadu Civil Service (Discipline & Appeal) Rules, 1955, for delinquencies from May 9, 1997, to October 31, 1999. The appellant did not respond to the Show as mentioned earlier in Cause Notice. The Commandant, Tamil Nadu Special Police VIII Battalion, punished increment delay for three years without cumulative effect on the appellant in proceedings in F.PR 19/99 dated 05.12.1999. On the other hand, the appellant did not file an appeal against the proceedings.

The appellant was found guilty of violating Sections 342 and 354 of the Indian Penal Code by a Criminal Court decision dated 28.06.2002. The Deputy Inspector General of  Police was discharged from service by proceedings in K1/CB/2352/99 (DO 665/2002) dated 03.12.2002. The appellant challenged the order and was passed in 2006, and the respondents filed a Special Leave Petition; however, the same came to be dismissed in 2007.

The appellant requested the second respondent be reinstated into service with all the advantages that come with it. As no order had been issued, the appellant filed a writ petition in this Court in 2007, requesting that the dismissal order dated 03.12.2002 be quashed and that the third respondent therein is ordered to restore him in service with all service benefits, including monetary benefits. This Court, by judgment dated 06.10.2007, dismissed the writ petition.

The third respondent, in proceedings dated 07.02.2008, regularised the appellant’s period of suspension as well as out of service and also fixed the pay, after deducting the payment for the punishment imposed by the Commandant Tamil Nadu Special Police VIII Battalion under Rule 17(a) of the Tamil Nadu Civil Service (Discipline & Appeal) Rules, 1955, by the postponement of increment, for a period of three years without cumulative effect from 2001 to 2003. 

The learned Single Judge considered all of the factors before dismissing the writ petition. The learned Single Judge’s order is reasonable and appropriate. As a result, we see no reason to overturn the learned Single Judge’s decision. The Writ Appeal lacks merit and is thus likely to be rejected.

Click here to read the Judgment

Reviewed by Rangasree