- (1.) The petitioner at all material point of time was working in the Police service of Calcutta Police Force in the substantive post as SYCE No. 158/05 in Calcutta Mounted Police of Calcutta Police. On 3.2.99 at about 9.00 A.M., an FIR was lodged in Taltala Police Station alleging inter alia that while one Miss Ekta Tewari, a young college student aged 24 years was entering in the subway of Metro Railways at J.N. Road near the crossing of S.N. Banerjee road, Sri Mazumdar, the Constable outraged her modesty by hugging her from behind. In response to her hue and cry. some passers-by chased him and overpowered him finally. He was handed over to the Police posted in front of the Peerless Inn and was taken to Taltala Police Station.
(2.) On the basis of her written complaint, Taltala P.S. Case No. 59 dated 3.2.99 under section 354 IPC was started against the petitioner. He was produced before the learned Metropolitan Magistrate, 7th Court, Calcutta and was subsequently released on bail. On completion of investigation, the charge-sheet under section 354 IPC was submitted against him.
(3.) During the pendency of the aforementioned criminal case, a departmental enquiry being Proceeding No. 111 dated 03.02.1999 was initiated by the respondent Police Authority against the petitioner and the Assistant Commissioner of Police was appointed as the Enquiry Officer to conduct the enquiry in respect of the charge framed against him. He was, subsequently charge-sheeted as under: You, SYCE No. 158/65 Nani Gopal Mazumdar of C.M.P., H.Q.F. is charged with gross misconduct of unbecoming of a Government servant in that: On 3.2.99 at about 9.05 hrs you hugged one Miss Ekta Tewari aged about 24 years D/O Sri Sewsankar Tewari of 6, Matt Lane, Calcutta-13 from behind with a bad intention, while she was entering the subway (Metro Rail) on J.L. Nehru Road near the X-ing of S.N. Banerjee Road and thereby you had outraged her modesty. You are, therefore, directed to state in writing as to whether you plead guilty to the charge or prefer an open enquiry. Your reply should reach Shri S.M. Ghosh, A.C. Pass Hqrs. Within 7 (seven) days from the date of receipt of this chargesheet.;