and of the order appointing the enquiry officer made after 5½ years was not warranted in the facts and circumstances of the case and they also made in clear that the decision is made in the particular facts and circumstances of the case, though they were aware that the rules and practice normally followed in such cases may be different. Therefore, the said judgment cannot be made applicable to the present case. Secondly, in the present case also, when a serious charge memo has been issued under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline & Appeal) Rules on 17.3.2009, the petitioner is facing an embargo for getting his promotion, tlll he is cleared from the said charges. Moreover, the laying of the final report by the CBCID in Crime No.2 of 2009 on 13.1.2015 as mistake of fact, has nothing to do with the pending departmental proceedings, where only the principle of preponderance of probability alone will be the criteria. Leave alone the pendency of the criminal case where the CBCID has filed the final report, since the petitioner is facing the departmental proceedings initiated under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline & Appeal) Rules on 17.3.2009, as the said proceedings have not come to an end, the petitioner is not entitled to approach this Court. Hence, this writ petition is dismissed. No costs. Sd/Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ss To 1. The Secretary to Government Home (Police) Department Fort St.George Chennai 600 009 2. The Director General of Police Mylapore Chennai 600 004 3. The Deputy Inspector General of Police Villupuram Range Villupuram +1cc to M/s.S.Sivakumar, Advocate Sr.no.6931 +1cc to Government Pleader Sr.No.7430
