Departmental action need not be dropped in all cases where criminal proceedings have ended in acquittal.

(PRAYER: Writ petition filed under Article 226 of the Constitution of India for the issue of a writ of Certiorari calling for the records of the second respondent herein pertaining to the order dated 26.9.2001 made in O.A.No.888 of 2001 and to quash the same.)

P.Sathasivam,J.

The Deputy Superintendent of Police, Sriperumbudur Sub-Division, Kancheepuram District, aggrieved by the order of the Tamil Nadu Administrative Tribunal, Chennai, dated 26.9.2001, made in O.A.No.888 of 2001, has filed the above writ petition.

2. The brief facts are stated hereunder:

According to the petitioner, the first respondent was working as Head Constable in Kancheepuram District with effect from 5.6.2000 and while he was serving in the Economic Offices Wing, one Smt.Saleema Bee, residing at 129, G.S.T. Road, Chengalpattu, came to Chengalpattu Town Police Station and lodged a complaint to the effect that on 14.12.2000 dated 10.00 p.m., while she was returning home after making phone call, a police man pulled her hand and threatened to get into the autorickshaw, otherwise he would do harm to her and at that time, her husband came there and she informed the matter to her husband. Her husband brought her to the police station and reported the matter to take action against the policeman. On the basis of the complaint, the Sub-Inspector of Police, Chengalpattu Town, registered a case in Crime No.970/2000 under Section 354, 506 (i) I.P.C. The investigation disclosed that the first respondent had misbehaved with the said lady and outraged her modesty by pulling her hands and criminally intimidated her on 15.12.2000 at 10.00 hours at Chengalpattu Old Bus Stand. He was arrested and remanded by the orders of the Judicial Magistrate-I, Chengalpattu. The first respondent herein was placed under suspension on 15.12.2000 by the Superintendent of Police, Kancheepuram and a Charge Memo under Rule 3(b) of Tamil Nadu Police Subordinate Services (Disciplinary & Appeal) Rules, 1955 in PR.No.145/2000 was served on the first respondent on 21.12.2000.

3. After receipt of the charge memo, the first respondent had filed O.A.No.888 of 2001 before the Tamil Nadu Administrative Tribunal, Chennai. The criminal case which was registered against the first respondent ended in acquittal on 09.04.2001 by Judicial Magistrate-I, Chengalpattu, since all the prosecution witnesses turned hostile. The Administrative Tribunal, by order dated 26.9.2001, after referring the fact of acquittal of the criminal charges, allowed the Original Application and quashed the charge memo. Questioning the same, the petitioner has filed the present writ petition.

4. Heard the learned Additional Government Pleader for the petitioner and the learned counsel for the first respondent.

5. The point for consideration in this writ petition is whether the Tribunal is justified in quashing the charge memo dated 19.12.2000 on the sole ground that the criminal case launched against the delinquent on the same footing had ended in acquittal.

6. In order to consider the said issue, it is useful to refer the substance of the charge memo which reads "Unbecoming conduct of a Police Personnel by misbehaving with one lady Sabena Bee W/o Thiru Shabbi on 14.12.2000 at 22.00 hrs. at Chengalpattu Bus Stand and thereby involved in the Criminal Case in Chengalpattu Town Police Station Cr.No.970/2000 u/s 354, 506(i), I.P.C".

7. The learned Additional Government Pleader, by drawing our attention to the order passed by the learned Judicial Magistrate-I, Chengalpattu, in C.C.No.82 of 2001 dated 9.4.2001, would submit that inasmuch as all the prosecution witnesses turned hostile, without going into the merits, the learned Magistrate acquitted the accused – first respondent herein. According to her, inasmuch as irrespective of the decision of the Criminal Court the department is entitled to proceed in respect of the same charge / charges, even otherwise, according to her, since the acquittal by the Magistrate Court is not on merit