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Cost imposed on DCP for issuing false memo to SI
In view of the admission made by the authorities, the petition deserves to be allowed.
Chennai
The HC has imposed a cost of Rs 10,000 on the DCP, Armed Reserve, Chennai, for issuing a false charge memo to a SI, resulting in him being disallowed to retire despite superannuation and thereby causing grave damage to his family.
Justice T Raja, on quashing the charge memo and directing the state to pay the sub-inspector V Muthuveerappan all consequential benefits, said, “This court is stunned to see how such a charge memo has been issued against the petitioner by the authorities, when they themselves admit in the counter affidavit that there is no tampering.
In view of the admission made by the authorities, the petition deserves to be allowed.” The allegation against the petitioner was that he had submitted bogus annual confidential records grading his overall performance as ‘outstanding’ to the Promotion Board. Based on this, a charge memo was issued, and he was not allowed to retire from service even after he reached superannuation on May 31, 2017.
However, the petitioner denied the allegation saying the personal files were all confidential and there was no chance for the petitioner to have access to them.Also, on recording the submission that refusal to allow his retirement had resulted in him being unable to pay for his ailing wife’s treatment resulting in her death on November 24, 2017, the judge said,“This court was of the view that it was a clear case where a huge cost has to be imposed. However, in view of the repeated request made by the special government pleader, this court restricts the cost at Rs 10,000.”
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