SEKHAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to quash the order of the first respondent in proceedings No,21684/Police-VII/97-1, dated 29.4.1997 and of the second respondent in proceedings No.PR.83/90, dt.26.11.1991. The petitioner was the Police constable attached to Armed Reserve in Dharmapuri District. The petitioner was involved in a criminal case in Crime No,63/1988 at Pochampalli Police station. He was charge-sheeted in terms of Section 306 IPC read with Section 4 of Dowry Prohibition Act, 1961 and Section 304(B) IPC. On being referred to trial by the Sessions Court, the matter was taken up on file as S.C.No,83 of 1989.

(2.) THE charge against the petitioner was that he developed intimacy with one Vasuki and also had sexual intercourse with the said lady and also demanded Rs.25,000/- or a bullet motor cycle, as a precondition for marrying that lady. THE said Vasuki on 6.5.1988 committed suicide by pouring kerosene on her and self immolated herself. A dying declaration from that Vasuki was also taken.

(3.) HOWEVER, an oral enquiry was conducted and in that oral enquiry, the witnesses were examined and some of them were also the witnesses before the criminal court. The second respondent, by an order, dated 26.11.1991, came to the conclusion that the findings rendered by the Enquiry Officer was supportable by evidence. He also disbelieved the defence evidence produced by the petitioner. It is on that ground, the second respondent came to the conclusion that the petitioner was responsible for the suicide of the girl after leading her to believe that he would marry her. This conduct of the petitioner was unbecoming of a police man and there was no extenuating circumstance to take a lenient view over the conduct of the petitioner. In that view of the matter, he dismissed the petitioner from service.