( 1. ) ISSUE which crops up for consideration in this writ petition under Article 226/227 of the Constitution of India is as to whether the findings in a Departmental Enquiry in respect of conduct of police personnel leading to breach of human rights of a citizen, will have a precedent over the findings of the Human Rights Commission recorded earlier on the basis of complaint leading to an investigation under Section 14 and proceedings under Section 16 of the Protection of Human Rights Act, 1993.

( 2. ) FACTS giving rise to the above issue lies in a narrow compass. On 16-10-2000, the Commission received a complaint from one Smt. Geetabai and others against respondent Nos. 2 and 3, who as alleged, came with other policemen to their village, abused and misbehaved with them and also threatened them, preventing them from harvesting their crops, as a result whereof the agricultural labours ran away from the field and the police personnel destroyed their crop. Allegation was also that, the police party hauled up the labours and took them to police station and kept them in custody and were harassed.

The investigation and the enquiry held on the basis of the complaint led to estab