IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12211 of 2000 INDRAJIT RAI Versus THE STATE OF BIHAR & ORS ----------- 4. 25.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The petitioner, a Police Constable in the GRP, was proceeded with departmentally on allegation of having indulged in eve - teasing at 7.30 PM in the evening of October 1989 at the Railway Platform. Departmental proceedings were held when the victim, her brother-in-law and her two brothers deposed present with her during the occurrence supported the allegations. Pursuant to the enquiry report the disciplinary authority aptly held that when the protector turned into the predator, it will not be conducive to keep such persons in service. There are no allegation of any illegality or irregularities in the departmental proceedings to warrant interference by the writ court. The appeal against the order of dismissal passed by the disciplinary authority, the memorial against the same all came tobe rejected. An FIR had also been simultaneously lodged. In which followed an order of acquittal on 2.8.1993 passed by the Judicial Magistrate, lst Class, Saran at Chapra. The victim or her relatives who were present at the time of occurrence when the FIR came to be drawn up by one of them and who had deposed in the departmental proceedings were not summoned nor examined during course of trial. Not only did the prosecution, perhaps deliberately, not produce them for deposition even the Court appears to have remained a silent expectator. Only two Constables were produced; one of whom went hostile and the other though went hostile but acknowledged the factum of occurrence at the date and time. Based on this order of acquittal the petitioner staked his claim for reinstatement and filed review application which has also been rejected. Learned Counsel for the petitioner very fairly confined his submissions to the harshness of the punishment only. The petitioner belonged to an uniformed force. The disciplinary authority has rightly observed of the protector turning into the predator. This Court is not persuaded on the limited submission to reconsider the issue of quantum of punishment. There is no merit in this writ application. It is accordingly dismissed. Snkumar/- (Navin Sinha,J.)