ARUN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) C.A.V. on 27.11.2013 Pronounced on 06. 12. 2013 Heard learned senior counsel for the appellant and learned counsel appearing on behalf of the State- Respondent. The instant appeal is directed against the judgment dated 18.9.2012 passed in W.P.(S) No. 2078 of 2012, whereby the writ petition was dismissed.

(2.) The writ petitioner i.e., appellant herein had impugned the order dated 27.8.2007 (Annexure-9) passed by the Disciplinary Authority cum Superintendent of Police, Rail, Dhanbad imposing the punishment of compulsory retirement upon him. The statutory appeal preferred by him was also dismissed vide order dated 21.1.2012 (Annexure-10) passed by the Deputy Inspector General of Police, Rail, Jharkhand. The appellant under the charge-sheet dated 9.9.2003(Annexure-3) was proceeded against for having indulged in unnatural sex with a 12 year old boy 'A'(name concealed,hereinafter mentioned as boy 'A'), while he was posted as constable under the Rail Police, Dhanbad in a departmental proceeding No. 110 of 2003. The charge-sheet also alleged that the allegation against the writ petitioner were found to be true in the supervision report conducted in connection with the criminal case instituted for the same incident being Koderma(Rail) P.S. Case No. 11 of 2003 and it amounted to violation of Rule 5 of the Police Manual . The charge- sheet further alleged that after having been placed under suspension vide District Order No. 933/03 dated 18.6.2003 the appellant did not submit his joining in the Headquarters till 14.8.2003 and remained absconding from duty which amounted to gross indiscipline on his part. The aforesaid conduct of the appellant had lowered the image of the police department and was likely to change the mindset of the society in respect of police personnel. It is stated that the incident was said to have occurred on the night of 27/28.5.2003. It is alleged by the appellant that the F.I.R being Koderma(Rail) P.S Case No. 11 of 2003 was registered only on 26.6.2003 under the relevant provision of Section 377 of the I.P.C against him on the self statement of the Officer In-charge of the Police Station. It however appears that on 30.6.2003 the victim boy 'A' appeared before the Judicial Magistrate, Dhanbad and gave his statement under Section 164 of the Cr.P.C. As per the said statement the incidence took place around 3 in the night of 28.5.2003, while he was sleeping at platform no. 4. The appellant woke him up and took him into the guard bogie of goods train which was standing and after threatening him with use of force committed unnatural offence with him, inspite of the fact that the victim boy was repeatedly pleading against doing such act. The victim boy told about the incident to the Cabin Man. He also deposed before the learned Judicial Magistrate that his father had died and he had not told about the said incident to his mother.

(3.) The Inquiry Officer, after conclusion of the inquiry, submitted his report holding the appellant guilty of the aforesaid misconduct. The Inquiry Officer took into account the statement made by the victim under Section 164 of the Cr.P.C as also the supervision report of the Dy.S.P.(Rail) in the aforesaid Koderma (Rail) P.S. Case No. 11 of 2003 and found the charges to be established against him.