G M NARASIMHARAJU Vs. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner joined the service as a police constable on 10.06.1980. The gist of the case against the petitioner is that Smt.Padmavathamma and her husband were walking in Pavagada Town on the night of 15.02.1987, after missing their last bus to the village. On the way, they were stopped by three police constables namely, the petitioner and two other police officers. All the police officers were drunk. They abused Smt.Padmavathamma and when she ran to her husband, he was also assaulted. Thereafter, the Police Sub -Inspector, Sri.Byranna and other police officer came in a jeep and Smt.Padmavathamma and her husband were taken to the police station, where they were inhumanly assaulted and the police misbehaved with her. She became unconscious. A Commission of enquiry was appointed.

(2.) BY an order dated 07.08.1992, a joint disciplinary proceedings were initiated against the petitioner and eight others in exercise of the powers conferred under Rule -6(2) read with Rule -8 of the Karnataka State Police (Disciplinary Proceedings) Rules, 1965, in respect of the charges mentioned in the charge memo along with the statement of imputation.

(3.) IN the proceedings the petitioner was arrayed as APO -5, while the Police Inspector and the Police Sub -Inspector was AOP -1 and AOP -2, respectively. Two common charges among others were alleged against the petitioner and the police constable Sri.Byranna and Shri.G.T.Srinivasan, by the Enquiring Officer. The substance of the two charges is that: