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2015 (2) TMI 1021 - SUPREME COURTReinstatement in job in case of honourably acquitted by court - No provision in Tamil Nadu Service rules - Directions to curb Eve-teasing - Held that:- As we have already indicated, in the absence of any provision in the service rule for reinstatement, if an employee is honourably acquitted by a Criminal Court, no right is conferred on the employee to claim any benefit including reinstatement. Reason is that the standard of proof required for holding a person guilty by a criminal court and the enquiry conducted by way of disciplinary proceeding is entirely different. In a criminal case, the onus of establishing the guilt of the accused is on the prosecution and if it fails to establish the guilt beyond reasonable doubt, the accused is assumed to be innocent. It is settled law that the strict burden of proof required to establish guilt in a criminal court is not required in a disciplinary proceedings and preponderance of probabilities is sufficient. There may be cases where a person is acquitted for technical reasons or the prosecution giving up other witnesses since few of the other witnesses turned hostile etc. In the case on hand the prosecution did not take steps to examine many of the crucial witnesses on the ground that the complainant and his wife turned hostile. The court, therefore, acquitted the accused giving the benefit of doubt. We are not prepared to say in the instant case, the respondent was honourably acquitted by the criminal court and even if it is so, he is not entitled to claim reinstatement since the Tamil Nadu Service Rules do not provide so. In view of the above mentioned circumstances, we are of the view that the High Court was not justified in setting aside the punishment imposed in the departmental proceedings as against the respondent, in its limited jurisdiction under Article 226 of the Constitution of India. Directions for All the State Governments and Union Territories in public interest to curb eve-teasing - 1) To depute plain clothed female police officers at public places to monitor and supervise incidents of eve-teasing 2) To install CCTVs in strategic positions 3) Person in charge of the respective public institutions have to take steps as they deem fit and on a complaint, they must pass on the information to the nearest police station or the Women's help centre 4) In case of eve-teasing is committed in a public service vehicle, it is duty of crew to take such vehicle to the nearest police station. Failure to do so should lead to cancellation of the permit to ply. 5) To establish Women’ Helpline in various cities and towns 6) Suitable boards cautioning such act of eve-teasing be exhibited in all public place 7) Responsibility is also on the passers-by and on noticing such incident, they should also report the same to the nearest police station or to Women Helpline 8) To issue suitable instructions to the concerned authorities including the District Collectors and the District Superintendent of Police so as to take effective and proper measures to curb eve-teasing
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