P M ALIAS Vs. STATE OF KERALA

JUDGEMENT

(1.) While functioning as an Armed Reserve Police Constable the petitioner was charged with an item of serious misconduct. The allegation was that he had enticed a girl away from the Railway Station in Alwaye, taken her to the treasury premises and had either raped her or attempted to rape her. On the basis of the above allegation an enquiry was conducted. The Enquiry Officer came to the conclusion that the petitioner was guilty of the charge. After issue of a show cause notice the disciplinary authority dismissed the petitioner from service.

(2.) The petitioner took up the matter in appeal before the D.I.G. of Police. The D.I.G. took the view that in the light of R.10(a) of the Kerala Police (Departmental Inquiries, Punishment and Appeal) Rules, 1958 the disciplinary authority should not have passed the final order inflicting the punishment; it should have waited till the criminal court had disposed of the pending case against the petitioner in connection with the alleged offence of raping.

(3.) The criminal court ultimately acquitted the petitioner of the charge of rape on the ground that it was not established before it that the girl had not given her consent. And after the conclusion of the criminal proceedings, the disciplinary proceedings were continued by examining one more witness and issuing a fresh show cause notice to the petitioner on the basis of the finding recorded thereafter. The petitioner was accordingly dismissed from service. His appeal to the D.I G. and a review taken before Government under the relevant provisions of the Rules also did not succeed.