EASI RAJPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Fir No.93 dated 22.05.2007 under Sections 323, 377, 511 IPC was registered at Police Station Kunjpura against the petitioner. The petitioner was an Exemptee Assistant Sub Inspector of Police and posted at Hawai Patti, as Incharge Airstrip Guard, Kalvehri. Constable (''Ct.'')Ashok Kumar was working under him at the Airbase. Ct. Ashok Kumar made a criminal complaint against the petitioner which led to the registration of the aforesaid FIR. The Constable stated that on 21.05.2007 when he was deputed as Guard Incharge at the Airbase along with the petitioner, the petitioner after consuming alcohol in the evening hours offered him drinks which he refused. The Constable complained that at about 10.30 PM at night the petitioner forced himself upon him and took his trousers off and underwear and attempted to have unnatural sex with him (indicated as masturbation in the complaint). When the complainant objected he was manhandled and bitten on the thumb but the assailant thereafter fled from the scene. This is how the criminal law was set into motion.

(2.) The petitioner faced a criminal trial for the aforesaid offences.

(3.) The respondent-Department took cognizance of the incident and immediately initiated departmental proceedings against the petitioner by serving a charge-sheet on him on the aforesaid allegations and ordering a regular inquiry into the misconduct with a fellow policeman. The chargesheet was issued on 29.06.2007 on the same incident which was subject matter of criminal trial. In committing the misconduct, the petitioner is said to have displayed gross negligence and indiscipline which would bring the Department into disrepute. The Deputy Superintendent of Police, Assandh was appointed as inquiry officer. The petitioner was associated with the inquiry. Prosecution and defence evidence was led and he had full opportunity to cross-examine witnesses produced against him. On conclusion of the inquiry, the report was submitted on 24.09.2007. The Senior Superintendent of Police, Karnal dissatisfied with the conclusions arrived at by the inquiry officer in respect of the charges levelled held that the charges stood proved. A show cause noticed was accordingly issued on 31.10.2007. Reply was received. It was considered and the impugned order dated 29.11.2007 (P-6) was passed dismissing the petitioner from service.