M.P. Nagarajan, v. the Additional Chief Secretary
Case brief
What is this about?
Service law / disciplinary proceedings - police Sub-Inspector - suspension and charge memo dated 08.04.2008 under Section 3(b) of the Tamil Nadu Police Subordinate Service Rules, 1955 - three charges including demand of Rs.10,000/- for release of tractor carrying illicit sand - compulsory retirement modified in suo motu review to reduction in time scale of pay by three stages for three years - review rejected by G.O.(D) No.89 dated 23.01.2018 - judicial review under Article 226 of the Constitution of India - no re-appreciation of evidence by High Court - preponderance of probabilities - standard of proof in departmental enquiry versus criminal trial - acquittal does not bar departmental enquiry - proportionality of punishment - Union of India v. P.Gunasekaran; State of Karnataka v. Umesh; State of Rajasthan v. Heem Singh - writ petition dismissed (M.P.Nagarajan v. Additional Chief Secretary to Government and others).