- (1.) This appeal is directed against a judgment and order dated 20.01.2003 passed by a Division Bench of the High Court of Punjab and Haryana disposing of the writ petition filed by the appellant herein questioning the order of punishment dated 6.11.1997.
(2.) The basic fact of the matter is not in dispute.
(3.) The appellant herein was charge-sheeted for commission of the following misconduct: "(1) On 11.10.1997 at about 10 p.m. he along with his abovesaid accomplices entered the house of one Dara Singh s/o Madan Singh, resident of Mohalla Ram Bagh, City, Barnala and outraged the modesty of his wife by inflicting pinches on her body. They forcefully extracted rupees one hundred from Dara Singh. They threatened him of dire consequences if he made any complaint against them or deposed against them or helped in any criminal or departmental proceedings against them. (2) Constable Tarsem Singh No. 4C/371 on 11.10.1997 in between about 10/11 p.m. along with his other two above colleagues caught hold of one Ravinder Kumar s/o Kamaleshwary Yadav r/o Bharai, District Purnia, Bihar, a migrant labourer, stuffed cloth in his mouth and had carnal intercourse with him against the law of nature. FIR No. 228 dated 13.10.1997 under Ss. 377 and 34 of the Indian Penal Code in PS Kotwali Barnala has been registered against him. This incident took place at grain market, Barnala. (3) He along with his other two accomplices further caused threats of dire consequences to anyone deposing against him in an enquiry/investigation which has further caused a scare amongst colleagues and citizens. That in the public and administrative interest the retention of the abovesaid Constable Tarsem Singh No. 4C/371 is considered wholly undesirable.";