S GAJARAJAN Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner has come forward to challenge the order of the first respondent dated 18.11.2005 and after setting aside the same seeks for a consequential direction to restore him to service.

(2.) THE petitioner was working as a Constable in the respondent CRPF. He was attached to 12th Battalion. He has come forward to challenge the order dated 18.11.2005 wherein and by which the petitioner's appeal against the order of removal was rejected. THE charge against the petitioner was that he had unauthorisedly absented himself from 04.02.2003 till 24.01.2004.

(3.) BUT the actual case against the petitioner was on the allegation of rape of one Kalaiselvi. the petitioner was charge sheeted under Sections 376, 417 of IPC and Section 4 of the Dowry Prohibition Act. The FIR was lodged on 28.01.2003 alleging that the petitioner had committed rape on minor Kalaisevli on 18.01.2003. The said Kalaiselvi was examined by the Medical Doctors on 30.01.2003. Despite the petitioner was to report for duty on 04.02.2003 and was given a reminder on 11.02.2003, the petitioner did not report for duty. The petitioner was evading warrant for his arrest and simultaneously requesting extension of leave. A warrant of arrest against the petitioner was also issued on 16.04.2003. It is only on 20.05.2003, the petitioner was obtained an anticipatory bail from this Curt with a direction to report daily twice before the Judicial Magistrate V, Vellore. The final report in the criminal case was filed before Judicial Magistrate V, Vellore on 24.06.2003. After two years of the final report filed, the petitioner was acquitted. It was only thereafter, he preferred an appeal.