In the absence of a specific provision in the service rules providing for reinstatement of an employee who has been acquitted of a criminal charge, such employee is not entitled to be reinstated.

Nishita Mhatre, J.

1. The short question involved in the present petition is whether an employee, who has been dismissed from service after a departmental enquiry, is entitled to be reinstated on his acquittal in a criminal case.

2. The facts in this case are not disputed. Two persons came to the office of the Reserve Officer claiming that they had been declared fit for appointment as a Constable by the Interview Board. However the Officer concerned suspected that someone had impersonated them in order to procure employment and Raiganj Police Station Case No. 383 of 2007 was started against them under Sections 419, 420 and 120B of the IPC on the basis of his complaint dated 9th October, 2007. The respondent, a police constable in the State Armed Police, was posted at the relevant time at Raiganj. He applied for anticipatory bail and was granted the same on 28th January, 2008 by this Court. In the meantime the respondent had been transferred. On obtaining the anticipatory bail and after surrendering to the Raiganj Court as directed by this Court, the respondent sought to join at the Jalpaiguri Police Lines. But he was not permitted to do so. His second representation was also rejected. A charge sheet was issued on 23rd June 2008 to the respondent by the Superintendent of Police Jalpaiguri in proceeding No. 16 of 2008. The allegation against him was that he had tarnished the image of the police in the eyes of public by his activities which had led him to be an accused in a criminal case. The respondent was asked to submit his explanation. However, as that was not found acceptable, it was decided that a departmental enquiry would be held against him. The charge sheet in the criminal case was submitted on 28th June, 2008, adding the name of the respondent as one of the accused persons. The trial proceeded against him as well.

3. The respondent attended the disciplinary proceedings and after the enquiry was completed, the second show cause notice was issued to him. He filed OA 1034 of 2011 challenging the same. By an order dated 17th November, 2011 the West Bengal Administrative Tribunal dismissed the original application and directed the disciplinary authority to expedite the recording of the final order after considering the representation made by the respondent against the second show cause notice. On considering the material before it, the disciplinary authority dismissed the respondent from service on 9th January, 2012. The reason for the dismissal was that he was involved in Raiganj Police Station case No. 383 of 2007 and had thus tarnished the image of the police in the eyes of public by such activities. It was also noted that in the past he had suffered two major punishments for “misrepresentation by manipulating superior’s signature on a vital official paper” and for unauthorised absence. Besides this, he was awarded four minor punishments during the 15 years of his service. He had also been granted extraordinary leave for 229 days on 14 occasions. Considering the charges levelled against him and the fact that the criminal case against him was pending, the disciplinary authority dismissed him from service as it was of the view that there were no mitigating circumstances in his past service record. The appellate authority confirmed the order of the disciplinary authority by its order dated 11th April, 2012.

4. The respondent challenged the order of dismissal in OA 763 of 2012. By an order dated 16th April, 2013 the Tribunal upheld the order of dismissal. The Tribunal was of the view that the punishment of dismissal could not be considered to be either unfair or disproportionate having regard to the material facts in the case. More than one and half years later on 15th December, 2014 the Additional Chief Judicial Magistrate, Raiganj, Uttar Dinajpur acquitted the respondent in GR case 974 of 2008 arising out of Raiganj Police Station case No. 383 of 2007. The Criminal Court convicted one of the three accused persons und