The Madras high court has quashed the charge memo issued against a police constable for allegedly gambling while on medical leave.
Justice V. Dhanapalan allowed a petition filed by constable N. Sundar and directed the inspector general of police, south zone, Madurai, to reinstate the constable into service within eight weeks.
Sundar, who was a constable of the Armed Reserve, Madurai city, was arrested by Thirunagar police on July 5, 2011, as was playing cards for money with nine others. They were released later the same day and Sundar was then placed under suspension from July 7, 2011.
Sundar challenged the criminal proceedings and the Madras high court in August 2011 quashed the FIR. He then urged that his suspension be revoked. However, as there was no response, he moved the court, which directed the authorities to dispose of his representation.
Sundar said he was issued with the impugned charge memo dated October 3, 2011 and contended that it was issued on the basis of the FIR after the FIR was quashed and was thus illegal.
The judge said the criminal proceedings have been concluded with the quashing of the FIR and there cannot be further departmental proceedings based on the similar set of facts on the same offence and incidents by framing a charge memo.
There was no reason for the department to proceed in the matter as the petitioner has not been convicted and no criminal proceedings was pending against him, the judge said.
When the court has taken a view that offences under section 8 and 9 of the Tamil Nadu Gaming Act has not been proved and the offence has now been quashed, it was not proper for the authorities to proceed with departmental proceedings by issuing a charge memo.
The whole case of prosecution was thrown out. It was thus unjust, unfair and rather oppressive to allow the findings recorded at the departmental proceedings to stand, the judge said.