The impact of acquittal in a criminal case on disciplinary proceedings and the requirement for sound legal processes in departmental enquiries.

S.N. Hussain, J.

This writ petition has been filed by the petitioner challenging order of the Superintendent of Police, Crime Investigation Department, Patn.1 (respondent no. 5) vide memo no. 1833 dated 21.6.1996 by which the petitioner was dismissed from service with a further direction that he will not get anything for the period of suspension except what had already been paid to him and also challenging order of the Deputy Inspector General of Police, Crime Investigation Department, Patna (respondent no. 4) vide memo no. 2404 dated 14.7.1997 dismissing petitioner's appeal and also challenging order of the Director General of Police/Inspector General of Police, Bihar (respondent no. 2) vide memo no. 2866 dated 6.8.2003 dismissing revision/memorial of the petitioner and affirming the decision of the first authority. His further prayer is for directing the respondents to give the petitioner all consequential benefits arising out of his impugned dismissal.

2. The claim of petitioner is that after due procedures of law he was appointed as constable in Dog Squad of Crime Investigation Department (C.I.D.) and he joined the post in the year 1973 and for about 15 years continued to serve the department and only in the month of August, 1988 he proceeded on Earned Leave for two days, whereafter he was to resume his duty on 8.8.1988. However, on 7.8.1988 one Prem Kumar Singh lodged an F.I.R. hearing Kotwali P.S. Case No. 882 of 1988 for cheating and extortion against unknown persons and on his request a raiding party was organized which went to Rajasthan Hotel, Patna on 8.8.1988 where the accused was expected to be coming to collect Rs.40,000.00 from the informant. In the meantime after availing his Earned Leave the petitioner came to Patna on 8.8.1988 and while he was proceeding towards his office to join his duty, the informant forcibly handed over a briefcase to him near Rajasthan Hotel and immediately thereafter he was arrested by the raiding party and was brought to Kotwali Police Station where he was locked in the Hajat. On the same date the petitioner was suspended by his superior authority.

3. The police submitted its chargesheet on 5.10.1988 whereafter cognizance was taken and finally the trial commenced in which judgment dated 26.4.1994 was passed convicting the petitioner and other accused persons and punishing them by sentence for different charges. However, when the petitioner alongwith other co-accused preferred Criminal Appeal No. 108 of 1994, the learned Additional Sessions Judge-XI, Patna, after full-fledged hearing allowed the appeal and set aside the order of conviction and sentence passed by the trial court holding that the prosecution had miserably failed to prove its case.

4. In the meantime, on 14.6.1989 a departmental proceeding was initiated against the petitioner on the written statement of the informant and show-cause notice alongwith memo of charges were served upon him which contained the following four charges:-

(i) Upon the written report of Shri Prem Kumar Singh, Katwali P.S. Case No. 882 of 1988 was registered under Sections 392, 387, 420, 342, 419 and 34 of the Indian Penal Code and in connection with the same, the petitioner was arrested by the Kotwali Police while he was receiving Rs.40,000/- from the informant;

(ii) On 30.6.1976 Sanha P.S. Case was registered against the petitioner for cheating the Manager of Eliphiston Cinema Hall by introducing himself as Sub-Inspector of CID for which he was held guilty and was punished;

(iii) The petitioner after availing his leave, was to resume, his duty on 8.8.1988, but he failed to do so and on the said date he was arrested by the Kotwali Police;

(iv) The petitioner did not inform regarding his arrest on 8.8.1988 to the CID Headquarters.

5. On receipt of the show-cause notice the petitioner vide letter dated 15.3.1990 med a representation requesting the authorities to keep the departmental proceeding pending till finalization of criminal case against him stat