The Madras High Court has dismissed the plea of a special sub-inspector of police seeking quashing of the charge memo issued against him for allegedly conniving with a criminal in a murder case.
Dismissing the petition by Durai, SSI of Thathura Madam Police Station in Tuticorin District, the Madurai Bench said the charges had to be looked into by departmental inquiry and the court cannot go into their correctness at this stage.
Justice K Ravichandra said the charges levelled against petitioner had specific details about the incident and there were six witnesses.
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The petitioner submitted that he had put in 35 years of unblemished service and was due to retire on April 30.
He was placed under suspension on May 13, 2013 on the charge of abetting a murder and issued a charge memo on December 22 last.
Claiming he was in no way concerned with the alleged occurrence, the petitioner argued that the charge memo was issued out of malice and was based on a sole witness and should be quashed.
Justice K Ravichandra in his order said the charges had to be necessarily looked into by departmental inquiry. At this stage, the correctness or otherwise of the charges levelled against the petitioner cannot be gone into by this court.
"It is for the petitioner to face the inquiry and prove the innocence, if he has any material evidence in support of his claim," the judge observed.
The judge rejected the contention that the particular person, at whose instance the departmental proceedings were initiated, was not cited as witness in the charge memo and said this cannot be the ground to quash the charge memo.
