HC rejects former cop's plea to quash department order

The Madras High Court bench today dismissed a petition filed by a former police head constable to quash the order issued by the DIG of Ramanathapuram district, directing him to go on compulsory retirement from August 3, 2016 for allegedly colluding with gold smugglers.
Rejecting the appeal by Muniasamy, former head constable attached to Mandalamanickam police station in Ramanathapuram district, Justice S Vaidhyanathan said the departmental investigation conducted into the incident has revealed that the car from which gold and cash worth Rs 55.99 lakh were seized, belonged to the petitioner.
The petitioner submitted that he had sold his vehicle to one Gajendran, who was involved in smuggling, and had taken Rs One lakh as advance for the sale, while the remaining amount was to be paid before September 28,2014.

However, without settling the balance amount, Gajendran had used his car to smuggle the gold and cash and later paid the money, he alleged.
During a vehicle check in 2014, the car was intercepted by the police, who arrested two persons including Gajendran and seized Rs 50.91 lakh worth of gold and cash that was handed over to the customs officials.
The petitioner also submitted that he had produced documents to prove that the car had been handed over to Gajendran after collecting the advance.

Even the customs officials did not mention of his involvement in the smuggling, he pointed out.

Yet, the DSP had come to a conclusion that he had abetted the accused to smuggle, he said.
Meanwhile, the probe report submitted before this court stated that the petitioner was involved in helping the smugglers and had accepted Rs 5000 to 10,000 for lending his vehicle besides taking Rs 2 lakh after the work was done.
It also said that the department had asked Muniasamy to go on compulsory retirement and his appeal against it was also dismissed by the DIG.
Hence, the petitioner moved the court seeking to quash the orders of the police department against him.