K NARMATHA Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This writ appeal is directed against the order dismissing the writ petition. The facts giving rise to the present appeal as put forth by the Appellant are as follows. The Appellant joined the Tamil Nadu Police Service in the year 2004 as a Woman Sub Inspector of Police. While she was working in Ilayangudi Police Station, Sivagangai District, her father by name P. Kanagasamy made a complaint dated 21.12.2009 to the Superintendent of Police, Sivagangai District complaining that one Thiru Senthamaraikannan, Head Constable, SBCID, Manamadurai was making false propaganda against his daughter. Though the Appellant was directed to attend the training at Vandalur, she did not go as she was upset over the act of the said Head Constable. Thereafter, another complaint dated 2.4.2010 was given by the father of the Appellant to the Inspector General of Police, South Zone, Madurai against the very same Head Constable with the same allegations. He further complained that in spite of his best efforts, he could not meet the Superintendent of Police in person to put forth the grievance against the Head Constable. In that complaint, he requested that the Appellant may be transferred to any other branch.

(2.) Thereafter, the Appellant herself lodged another complaint dated 19.6.2010 to the Home Secretary making allegations against the Head Constable and in that complaint, she also stated that at the guise of enquiring into the complaint given by her father to the Superintendent of Police on 21.12.2009, she was called by the Superintendent of Police on 22.12.2009 and was sexually harassed. The copies of the said complaint were also sent to the Director General of Police as well as the Inspector General of Police, South Zone. These complaints were acknowledged by the respective officers and no action was taken. She again made another complaint dated 9.7.2010 to the Director General of Police to take action against the Superintendent of Police, Sivagangai District and the Head Constable, but no action was taken. Hence, she filed the writ petition seeking for a direction to the Home Secretary, Government of Tamil Nadu to take appropriate action against the Superintendent of Police, Sivagangai District, the Inspector of Police, Ilayangudi Police Station and the Head Constable Senthamaraikannan, Special Branch, Manamadurai based on the complaint dated 19.6.2010 in accordance with law.

(3.) The writ petition was, however, dismissed on the ground that an enquiry was conducted on the complaint made by the father of the Appellant by a woman Deputy Superintendent of Police and in that enquiry, the Appellant herself had submitted a letter to the said officer stating that there was no sexual harassment meted out to her by any of the police officials in that district. That report was submitted to the Inspector General of Police and thereafter the further action was dropped on 21.12.2009. Thereafter only the Appellant had lodged a fresh complaint on 19.6.2010. Hence the learned Judge held that entertaining such a complaint would definitely tarnish the image of not only the Respondents, namely, the Superintendent of Police, Sivagangai District, the Inspector of Police, Ilayangudi Police Station and the Head Constable, Special Branch, Manamadurai, but also the entire police force in the State. Questioning the said order, the Appellant has filed the present writ appeal.