WA/3317/2023 of G. CHINNADURAI Vs THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT on 28 August 2026

Judgment

(Judgment of the Court was delivered by S.M.Subramaniam J.)

The writ petitioner is the appellant before this Court. The appellant was appointed as Police Constable Grade II on 15.12.2008 in Tamil Nadu Police Department. He was promoted as Police Constable Grade I and posted in armed reserve. Currently the appellant is working as Sub Inspector of Police. When he was working as Constable Police I, he remained unauthorisedly absent for about 21 days. Thus, departmental disciplinary proceedings was initiated against him. After affording opportunity to the appellant, the disciplinary authority imposed the punishment of reduction in pay by one stage for one year, which shall operate to his future increment vide proceedings dated 09.04.2013. The appellant preferred an appeal and thereafter review and both were rejected by the authorities competent. Thus, he filed the writ petition.

2. Learned counsel for the appellant would mainly contend that he remained unauthorisedly absent for about 21 days on account of some illness due to piles complaint and he was taking treatment in his native district at Thoothukudi. On account of certain emergency circumstances, he could not inform the same to the superior authorities. The appellant states that he had

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no intention to remain unauthorisedly absent and he is continuously serving in the department for about 17 years with clean record of service.

3. This Court is of the considered view that police force is a disciplined force. A constable who remains absent continuously for 21 days is normally declared as 'deserted' and that being the level of discipline to be maintained in police force, the punishment imposed on the appellant cannot be construed as not in consonance with the Discipline and Appeal Rules. However, the reasons stated regarding the illness may be considered under exceptional circumstances.

4. In the present case, the appellant states that he went to take native treatment for his illness and therefore was not able to inform his superiors immediately. He joined duty on completion of 21 days absence and thereafter continuously working and was further promoted to the post of Sub Inspector of Police.

5. Considering the reasons stated and treating the present case as an exception, this Court is inclined to remand the matter back to the disciplinary authority for re-considering the punishment imposed to the appellant. In view of the above discussion, writ order dated 28.03.2023 made in W.P.No.28251 of 2019 is set aside. The matter is remanded back to the disciplinary

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authority, who in turn shall re-consider the quantum of punishment imposed and pass appropriate orders on merits and in accordance with law as expeditiously as possible. However, this order need not be followed in other cases. The writ appeal is allowed. No costs. (S.M.S.,J.) (K.G.R.,J.) 28-08-2026 Index: Yes Speaking order Neutral Citation: Yes KST To

1. The Additional Chief Secretary To Government Government, Home (Police V) Department, Fort St. George, Chennai 9.

2. The Commissioner Of Police, Greater Chennai Police, Veppery, Chennai 7

3. The Deputy Commissioner Of Police, Armed Reserve, Chennai City, Pudupet, Chennai 2

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S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 3317 of 2023 28-08-2026