Eleven years after a police head constable (since deceased) was dismissed from service on the charge of outraging the modesty of a woman, the Madras High Court has upheld the departmental action.
Justice D.Hariparanthaman observed that he was not persuaded by counsel’s argument that the policeman was no more and his legal heirs were suffering due to the sin committed by him as they had not been paid the terminal benefits and pension.
This was because the victim herself had appeared in the enquiry and deposed about the policeman’s act.
The charge against P.Arul was that in March 2003, he took a 27-year-old woman to a lodge and outraged her modesty.
The victim filed a complaint with the Krishnagiri town police station.
Based on the Enquiry Officer’s findings, Arul was removed from service on December 10, 2003 by the Dharmapuri Superintendent of Police.
The DIG, Salem, rejected his appeal.
Hence the petitions by Arul seeking to quash the dismissal order and directing the authorities to reinstate him in service accepting the verdict of a criminal court which acquitted him in the case.
As the constable was no more, his legal heir was substituted in his place in the case before the High Court.
Mr.Justice Hariparanthaman said that the department had taken action. Witnesses were examined in the enquiry. The victim herself deposed and based on it, the dismissal was ordered.
So, the prayer seeking reinstatement could not be ordered.
The judge said he was not inclined to interfere with the impugned order. He dismissed the petitions.
