CHENNAI: A division bench of the Madras High Court has rejected a plea from a police Havildar, who was dismissed from service in 2002 for posing as a CBI official and committed dacoity in May the same year.
“We find no reason to interfere with the finding of the single judge,” a division bench said. The bench was dismissing an appeal from R Paramasivam who challenged an order of a single judge upholding the dismissal.
Paramasivam, while serving as Havildar in TN Special Police, V Battalion, was served with a charge memo dated November 09, 2002.
The charge against him was that he, along with an SI and other three constables, posed as CBI officials and committed dacoity on May 13, 2002 and thereby brought disrepute to police force.
Pursuant to the charge memo, an enquiry was conducted and he was imposed the punishment of dismissal from service. The appeal preferred against the order and the further revision were dismissed.
A single judge also confirmed the order of dismissal by observing that the evidence cannot be re-appreciated as an appellate authority.
Appellant contended that the criminal case was registered based on a complaint of one Srinivasan, but subsequently, he was added as an accused in the final report.
His name did not find a place in the complaint and all the witnesses cited in the charge sheet were not examined by the enquiry officer.
The bench pointed out that two witnesses were examined to prove the charge and it is settled law that all the witnesses cited in the charge-sheet need not be examined.
The single judge, in a well-considered order, had held that the departmental proceedings and the criminal proceedings were totally different and in the former, the department is required to establish the guilt on some evidence, but in the latter, the prosecution had to establish the guilt.
“In the light of the above fact, we find no reason to interfere with the finding of the single judge,” the bench said.
Mandating engineering for Motor Vehicle Inspectors post opposed
CHENNAI: A writ plea has been made in the High Court to restrain the TNPSC from calling for engineering graduates for appointment to the post of Motor Vehicle Inspectors (MVIs). The petitioner said the relevant rule prescribed only diploma in automobile or mechanical engineering as a basic qualification. But, the TNPSC issued a notification to fill up MVI vacancies by prescribing engineering as basic qualification.
PIL petitioner fined
CHENNAI: A division bench of the Madras High Court has dismissed a PIL praying for a directive to school education authorities to withdraw the permission granted to JP Educational Trust, represented by Jeba Singh, to run Good Shepherd Matriculation school at Ayapakkam near Chennai.
“It is a pure inter se civil dispute between two parties – A P Venkatesan and others versus Jeba Singh.
Venkatesan, who has been litigating in the civil court had instructed one SB Gandhi to file the present petition, to vindicate his cause.
Hence, the petitioner cannot be said to be a public interest litigant and he is espousing only the cause of Venkatesan.
The writ petition is vexatious and liable to be dismissed with costs, a bench of observed and accordingly imposed costs of Rs 5,000 on the petitioner.