HC refuses relief to RPF constable kin in 24-yr-old gangrape case

Kolkata: The Calcutta High Court refused to intervene in a case where the family of a deceased RPF constable, who was accused of gangrape in 2000, sought for quashing of the enquiry report against him which led to his suspension from service.

The bench of Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen was moved by the family, challenging, among others, the findings of the enquiry authority.

The court observed that the findings of the enquiry committee were not influenced by the criminal trial which had sentenced the late RPF constable to seven years of rigorous imprisonment along with Rs 5,000 fine.

The court also observed that the findings of the enquiry committee were not based solely on “extraneous evidence”. The bench said: “It is to be kept in mind that the writ petition/delinquent during his lifetime was the member of a disciplined force and therefore he was expected to lead a life in such a manner which must not tarnish the image and reputation of the force in which he was employed.”

The appellants’ counsel stated that the enquiry authority placed its reliance upon the evidence of a criminal trial and thus ignored the settled principle of law that an enquiry proceeding and a criminal trial operates in two different fields though crime or misconduct might arise out of the same act.

The allegation against him was made on August 20, 2000. A chargesheet was submitted against the accused on August 28, 2000. The single bench, on May 18, 2010, had quashed the charge sheet but allowed the authorities to proceed ‘de-novo’ on the basis of the same. In the year 2013, a memorandum was issued by the authorities, which the family’s lawyer alleged was identical to the charge sheet. On completion of the enquiry, he was dismissed from service. The appeal against it was rejected on November 21, 2014.