Justice S Vaidyanathan, before whom the plea moved by the constable challenging the order of the Deputy Inspector General of Police, Vellore Range, despite his acquittal in the criminal case in this regard came up, said: “It is seen that the petitioner was charged under Rule 3(b) of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1995 and though other charges were held to be not proved, his close association with the victim girl was duly proved through witnesses.”
“The plea of the petitioner that he was acquitted from the criminal case and therefore the punishment imposed in the departmental inquiry cannot stand in the eye of law can’t be accepted because departmental proceedings cannot be conducted like a criminal trial since the question of proving the charge beyond a reasonable doubt, like that of a criminal case, does not arise in an enquiry.
The court further held that the Appellate Authority rightly concluded that the victim girl was a minor and the petitioner has not only spoiled her life but also the image of the police force for his sexual lust and to get rid of the problem, he applied for medical leave and during that period, he suddenly married another girl.
“Several witnesses have given categorical evidence against the petitioner, which has been duly taken note of by the Appellate Authority and rightly upheld the order of the Superintendent of Police, Vellore,” Justice Vaidyanathan added.
The petitioner K Sivakumar was recruited as a police constable in June 1993 and the complaint against him by the victim girl and her mother was lodged in September 2004.