- (1.) Leave granted.
(2.) This appeal arises from an order of a learned Single Member (Administrative) in Original Application No. 2398 of 1991 quashing the orderdismissing the respondent from service and directing his reinstatement. The tribunal has, however, denied back wages observing at the same time that the period between the date of dismissal and the date of the tribunal's order shall count for service and pensionary benefits.
(3.) The respondent, R. Ramalingam, a Head Constable, was posted at Thiruvaiyaru Police Station. On the night intervening 15/8/1987/16/8/1987, one Meenambal went to the police station enquiring whether her husband was in the police custody. The respondent, it is said, misbehaved and molested her on that occasion. On her shouting and screaming, a Constable (PC 1168 came to the scene to whom the said lady complained of the respondent's misbehaviour. In the meantime, the Inspector of Police, Mannergudi (Crime) arrived with his party in a jeep at the police station in search of an accused concerned in Mellatur PS Cr. No. 205 of 1989. He rescued Meenambal from the situation. The Inspector sent a report to the Superintendent of Police on 16/8/1987 about the incident who in turn referred the matter to the Deputy Superintendent of Police, Thanjavur (Rural) (DSP) for conducting a preliminary enquiry. The DSP submitted a report recommending disciplinary action. On the basis of the said report, charges were framed. The gravamen of the charges was the "highly reprehensible conduct unbecoming of a police officer in molesting one Meenambal at Thiruvaiyaru Police Station at 0200 hrs on 15/8/1987/16/8/1987 with intention to rape". The DSP, Crime Record Bureau was directed to hold a disciplinary enquiry. On the basis of the report of the DSP, the respondent was dismissed from service on 11/3/1988. The appeal and review preferred by the respondent were dismissed. A mercy petition filed before the government was also rejected.;