JUDGMENT :

I. P. Mukerji, J.

BACKGROUND FACTS :

1. The petitioner Mahesh Lall was posted as Policeman in Police Station Aberdeen. On 4th July, 2011 allegedly while on duty, between 5 PM and 8 PM near Ayyanar temple, South Point, he along with the other co-accused abducted a minor girl V. Rama Devi, raped her between 4th and 7th July, 2011 repeatedly in a hotel, in a rented room and in the Corbyn’s Cove area. Later they left her near the government press building.

2. The above finding was made on preliminary enquiry by the respondents. The petitioner’s conduct was found to be “grossly immoral, indisciplined and detrimental to the reputation and discipline of the force”. Applying rules 8.39, 8.40, 8.42, 8.45 and 8.45 of the Andaman and Nicobar Police Manual, 1963, it was alleged that the above conduct made the petitioner unworthy of being a member of the force and liable to receive punishment under rule 9.3.

3. A disciplinary proceeding under rule 9.3 was initiated against the petitioner. On 11th July, 2011 he was suspended.

4. Meanwhile, on the self same accusation a criminal case (Sessions Case No. 106 of 2011) was started against the petitioner in the Court of the Sessions Judge, Andama