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TMI Blog2015 (2) TMI 1021X X X X Extracts X X X X X X X X Extracts X X X X ..... es 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The Bill seeks to replace the said Ordinance. 3. We are in this case concerned with a situation where a member of the law enforcement agency, a police personnel, himself was caught in the act of eve-teasing of a married woman leading to criminal and disciplinary proceeding, ending in his dismissal from service, the legality of which is the subject matter of this appeal. 4. The respondent herein, while he was on duty at the Armed Reserve, Palayamkottai was deputed for Courtallam season Bandobust duty on 9.7.1999 and he reported for duty on that date at 8.30 PM at the Courtallam Season Police out post. At about 11.00 PM he visited the Tenkasi bus stand in a drunken state and misbehaved and eve-teased a married lady, who was waiting along with her husband, to board a bus. The respondent approached that lady with a dubious intention and threatened both husband and wife stating that he would book a case against the husband unless the lady accompanied him. Further, he had disclosed his identity as a police man. Both husband and wife got panic and complained to a police man, namely, Head Constable Adiyodi (No.1368) who was standing along with Head Constable Peter (No.107 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Nadu Administrative Tribunal, Chennai. While the O.A. was pending before the Tribunal, the Judicial Magistrate, Tenkasi rendered the judgment in S.T.C No.613 of 2000 on 20.11.2000 acquitting the respondent of all the charges. The judgment of the Criminal Court was brought to the notice of the Tribunal and it was submitted that, on the same set of facts, the delinquent be not proceeded within the departmental proceeding. The judgment of this Court in Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. and Another (1999) 3 SCC 679 was also placed before the Tribunal in support of that contention. 8. The Tribunal noticed that both, husband and wife, deposed before the Enquiry Officer that the respondent had committed the offence, which was supported by the other prosecution witnesses, including the two policemen who took the respondent in custody from the place of incident. Consequently, the Tribunal took the view that no reliance could be placed on the judgment of the criminal court. The O.A. was accordingly dismissed by the Tribunal vide order dated 23.3.2004. The order was challenged by the respondent in a Writ Petition No.13726 of 2004 before the High Court of Madras. The High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l court. Learned counsel also placed reliance on the judgment of this Court in Capt. M. Paul case (supra). 12. We may first deal with the departmental proceedings initiated against the respondent. DEPARTMENTAL PROCEDINGS: 13. We may indicate that the following were the charges levelled against the respondent in the departmental proceedings and a charge memo dated 24.8.1999 was served on the respondent: i) Reprehensible conduct in having behaved in a disorderly manner in a drunkenness mood at Tenkasi Bus-stand on 9.7.1999 at 23.00 hrs. ii) Highly reprehensible conduct in eve-teasing Pitchammal (44/1999) W/o. Vanamamalai of Padmaneri in the presence of her husband and having approached her with a dubious intention on 9.7.1999 at 23.00 hrs. and thereby getting involved in a criminal case in Tenkasi P.S. Cr. No. 625/1999 under Section 509 IPC and Section 4 of the Tamil Nadu Prohibition of Eve-Teasing Ordinance Act, 1998 and iii) Highly reprehensible conduct in having absented from duty from 10.7.1999 at 07.00 hrs onward till 03.45 hrs. 14. The charges were inquired into by the Deputy Superintendent of Police, Armed Reserve Tirunelveli. The prosecution examine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the criminal charges. CRIMINAL PROCEEDINGS: 15. We have indicated that a criminal case was also registered against the respondent by the Tenkasi Police Station being Crime No. 625/1999 under Section 509 IPC and Section 4 of the Eve-Teasing Act, 1998, which was registered as STC 613 of 2002 before the Judicial Magistrate, Tenkasi. Before the Criminal Court, PW 1 and PW 2, the husband and the wife (victim) turned hostile. Prosecution then did not take steps to examine the rest of the prosecution witnesses. Head Constable (No.1368) Adiyodi and Head Constable (No.1079) Peter of Tenkasi Police Station were crucial witnesses. Facts would clearly indicate that it was the above mentioned Head Constables who took the respondent to Tenkasi Police Station along with P.Ws. 1 and 2, though P.Ws. 1 and 2 had clearly deposed before the Enquiry Officer of the entire incident including the fact that the above mentioned two Head Constables had taken the respondent along with P.Ws.1 and 2 to the Tenkasi Police Station. The Criminal Court took the view that since P.W. 1 and P.W. 2 turned hostile, the criminal case got weakened. The prosecution, it may be noted also took no step to examine the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o as to conclude them at an early date, so that if the employee is found not guilty his honour may be vindicated and in case he is found guilty, the administration may get rid of him at the earliest. 17. This Court, in Southern Railway Officers Association v. Union of India (2009) 9 SCC 24, held that acquittal in a criminal case by itself cannot be a ground for interfering with an order of punishment imposed by the Disciplinary Authority. The Court reiterated that order of dismissal can be passed even if the delinquent officer had been acquitted of the criminal charge. 18. In State Bank of Hyderabad v. P.Kata Rao (2008) 15 SCC 657, this Court held that there cannot be any doubt whatsoever that the jurisdiction of the superior Courts in interfering with the finding of fact arrived at by the Enquiring Officer is limited and that the High Court would also ordinarily not interfere with the quantum of punishment and there cannot be any doubt or dispute that only because the delinquent employee who was also facing a criminal charge stands acquitted, the same, by itself, would not debar the disciplinary authority in initiating a fresh departmental proceeding and/or where the depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cquitted by the criminal court, but only due to the fact that PW 1 and PW 2 turned hostile and other prosecution witnesses were not examined. Honourable Acquittal 21. The meaning of the expression honourable acquittal came up for consideration before this Court in Management of Reserve Bank of India, New Delhi v. Bhopal Singh Panchal (1994) 1 SCC 541. In that case, this Court has considered the impact of Regulation 46(4) dealing with honourable acquittal by a criminal court on the disciplinary proceedings. In that context, this Court held that the mere acquittal does not entitle an employee to reinstatement in service, the acquittal, it was held, has to be honourable. The expressions honourable acquittal acquitted of blame , fully exonerated are unknown to the Code of Criminal Procedure or the Penal Code, which are coined by judicial pronouncements. It is difficult to define precisely what is meant by the expression honourably acquitted . When the accused is acquitted after full consideration of prosecution evidence and that the prosecution had miserably failed to prove the charges levelled against the accused, it can possibly be said that the accused was honour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 24. We have also come across cases where the service rules provide that on registration of a criminal case, an employee can be kept under suspension and on acquittal by the criminal court, he be reinstated. In such cases, the re-instatement is automatic. There may be cases where the service rules provide in spite of domestic enquiry, if the criminal court acquits an employee honourably, he could be reinstated. In other words, the issue whether an employee has to be reinstated in service or not depends upon the question whether the service rules contain any such provision for reinstatement and not as a matter of right. Such provisions are absent in the Tamil Nadu Service Rules. 25. 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. 26. We may, in the facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine or with both . 30. The burden is on the prosecution to prove that the accused had uttered the words or made the sound or gesture and that such word, sound or gesture was intended by the accused to be heard or seen by some woman. Normally, it is difficult to establish this and, seldom, woman files complaints and often the wrong doers are left unpunished even if complaint is filed since there is no effective mechanism to monitor and follow up such acts. The necessity of a proper legislation to curb eve-teasing is of extreme importance, even the Tamil Nadu Legislation has no teeth. 31. Eve teasing today has become pernicious, horrid and disgusting practice. The Indian Journal of Criminology and Criminalistics (January- June 1995 Edn.) has categorized eve teasing into five heads viz. (1) verbal eve teasing; (2) physical eve teasing; (3) psychological harassment; (4) sexual harassment; and (5) harassment through some objects. In Vishaka and Others v. State of Rajasthan; (1977) 6 SCC 241, this Court has laid down certain guidelines on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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