CHENNAI: Observing that the characteristic behaviour of a member of the police force is sufficient to initiate departmental disciplinary proceedings, the Madras High Court (MHC) dismissed the appeal of a Railway Protection Force (RPF) constable, who is facing a sexual harassment charge, seeking to defer the disciplinary proceedings until the disposal of the pending criminal case.
The disciplinary authority is empowered to ascertain preponderance of probabilities and punish an employee under the service rules, wrote a bench of Justice SM Subramaniam and Justice C Kumarappan while dismissing the appeal.
The registration of an FIR can be a ground to institute departmental disciplinary proceedings and the authority is empowered to proceed with the inquiry by examining the witnesses and forming an opinion as to whether the allegations are proved or not, stated the judgment.
Durgapur Women police of West Bengal booked a case against the appellant Sri Apurba Bauri based on the complaint of an alleged victim on 10, December 2019. The complainant alleged that the appellant exploited her several times sexually on false marriage promises and married another woman.
After the investigation, the police filed a charge sheet against the appellant and the case is pending before the Additional Chief Judicial Magistrate, Durgapur, State of West Bengal. Pursuant to the criminal case, disciplinary action was initiated against the appellant.
The appellant submitted that mere registration of FIR would not provide a cause for the institution of departmental disciplinary proceedings against him. The appeal stated that the department ought to have waited for the outcome of the pending criminal case but rather instituted the departmental disciplinary proceedings hurriedly, which is untenable.
The RPF submitted that the pendency of the criminal case is not a bar for the institution of departmental disciplinary proceedings and sought to dismiss the appeal.