2015 (2) TMI 1021 - SC - Indian Laws

Reinstatement in job in case of honourably acquitted by court - No provision in Tamil Nadu Service rules - Directions to curb Eve-teasing - Held that - As we have already indicated, in the absence of any provision in the service rule for reinstatement, if an employee is honourably acquitted by a Criminal Court, no right is conferred on the employee to claim any benefit including reinstatement. Reason is that the standard of proof required for holding a person guilty by a criminal court and the enquiry conducted by way of disciplinary proceeding is entirely different. In a criminal case, the onus of establishing the guilt of the accused is on the prosecution and if it fails to establish the guilt beyond reasonable doubt, the accused is assumed to be innocent. It is settled law that the strict burden of proof required to establish guilt in a criminal court is not required in a disciplinary proceedings and preponderance of probabilities is sufficient. There may be cases where a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile etc. In the case on hand the prosecution did not take steps to examine many of the crucial witnesses on the ground that the complainant and his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say in the instant case, the respondent was honourably acquitted by the criminal court and even if it is so, he is not entitled to claim reinstatement since the Tamil Nadu Service Rules do not provide so. In view of the above mentioned circumstances, we are of the view that the High Court was not justified in setting aside the punishment imposed in the departmental proceedings as against the respondent, in its limited jurisdiction under Article 226 of the Constitution of India. Directions for All the State Governments and Union Territories in public interest to curb eve-teasing - 1) To depute plain clothed female police officers at public places to monitor and supervise incidents of eve-teasing 2) To install CCTVs in strategic positions 3) Person in charge of the respective public institutions have to take steps as they deem fit and on a complaint, they must pass on the information to the nearest police station or the Women's help centre 4) In case of eve-teasing is committed in a public service vehicle, it is duty of crew to take such vehicle to the nearest police station. Failure to do so should lead to cancellation of the permit to ply. 5) To establish Women Helpline in various cities and towns 6) Suitable boards cautioning such act of eve-teasing be exhibited in all public place 7) Responsibility is also on the passers-by and on noticing such incident, they should also report the same to the nearest police station or to Women Helpline 8) To issue suitable instructions to the concerned authorities including the District Collectors and the District Superintendent of Police so as to take effective and proper measures to curb eve-teasing

Issues Involved:
1. Legality of the dismissal of a police personnel for eve-teasing.
2. Impact of acquittal in criminal proceedings on departmental proceedings.
3. Necessity of legislation to curb eve-teasing.

Detailed Analysis:

Legality of the Dismissal of a Police Personnel for Eve-Teasing:
The respondent, a police personnel, was caught in the act of eve-teasing a married woman while on duty. The incident occurred at the Tenkasi bus stand where he misbehaved in a drunken state and threatened the woman and her husband. A complaint was registered against him under Section 509 of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Eve-Teasing Act, 1998. Following a detailed domestic inquiry, the charges were found to be proved beyond reasonable doubt, leading to his dismissal from service. The disciplinary authority concluded that his conduct was highly reprehensible and undermined the morale of the police force.

Impact of Acquittal in Criminal Proceedings on Departmental Proceedings:
The respondent was acquitted by the Judicial Magistrate, Tenkasi, as the key witnesses, including the victim and her husband, turned hostile. The High Court of Madras set aside the dismissal order, reasoning that the acquittal in the criminal case should affect the departmental proceedings. However, it was emphasized that acquittal in a criminal case does not automatically exonerate the delinquent in departmental proceedings. The standard of proof in criminal and departmental inquiries is different, with the latter requiring only a preponderance of probabilities. The Supreme Court held that the respondent's acquittal was not honorable but due to the witnesses turning hostile, and thus, the departmental proceedings and the resultant dismissal were justified.

Necessity of Legislation to Curb Eve-Teasing:
The judgment highlighted the lack of uniform legislation across India to effectively curb eve-teasing. It pointed out the severe consequences of eve-teasing, including psychological trauma and suicides among victims. The court stressed the need for proper legislation and immediate measures to address this menace. It issued several directions to State Governments and Union Territories, including deploying plain-clothed female police officers, installing CCTV cameras, and establishing Women's Helplines to monitor and prevent incidents of eve-teasing.

Court Directions:
1. Deploy plain-clothed female police officers at strategic public places.
2. Install CCTV cameras in strategic positions to deter and detect offenders.
3. Authorities in educational institutions, places of worship, and public transport must take preventive steps and report incidents.
4. Public service vehicle crews must report incidents to the nearest police station.
5. Establish Women's Helplines within three months.
6. Display cautionary boards against eve-teasing in public places.
7. Passers-by should report incidents to the nearest police station or Women's Helpline.
8. State Governments and Union Territories must issue instructions to district authorities to curb eve-teasing.

Conclusion:
The Supreme Court allowed the appeal, setting aside the High Court's judgment and upholding the dismissal of the respondent. The court emphasized the importance of maintaining discipline within the police force and the necessity for stringent measures to curb eve-teasing. No order as to costs was made.

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