Madurai Bench of the Madras High Court on Friday dismissed an appeal by the Tamil Nadu government challenging a single judge’s order setting aside disciplinary proceedings against a Deputy Superintendent of Police.
Justices Nooty Ramamohana Rao and S S Sundar agreed with the single judge that the disciplinary action, initiated against the DSP of Tirunelveli at the behest of former Director General of Police, was made with malafide intention.
The DSP had taken leave after he suffered a ligament tear. Though his leave was approved, later disciplinary action was initiated.
Justice Pushpa Sathyanarayanan in her order passed last year said she was surprised over issue of charge memo by the Superintendent of Police to the DSP. The memo had been issued after the leave was ratified and the leave letter was accepted with out adverse remarks.
The memo revealed the kind of mistrust the SP had for his subordinates, the Judge had said adding the kind of language used in charge memo was not proper.
“It may not be possible, at all times, to intimate in advance the leave of absence. A variety circumstances and contingencies develop. It may prevent the public servant from seeking leave of absence well in advance,” the judge said.
Agreeing with the ruling, the bench said in this case not intimating leave in a more appropriate manner could not be treated as a grave offence and dismissed the appeal.