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DEBANGSU BASAK
Pradeep Kumar Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. In view of the difference of opinion between the Judges of the Division Bench, the Chief Justice has referred the matter to this Court.
2. Learned advocate appearing for the writ petitioner has contended that, the view expressed by the senior Judge of the Division Bench should be accepted. He has referred to the facts of the case. He has contended that, the writ petitioner was appointed as a constable in the India Reserved Battalion, in the month of January 2012. Two complaints had been made against the writ petitioner on the allegation that on January 14, 2012, the writ petitioner came in front of the house of a lady, under influence of alcohol and used unparliamentary words against her and threatened dire consequences. A First Information Report bearing NC F.I.R No. 31 of 2012 dated January 12, 2012 under Section 504/506 of the Indian Penal Code was initiated against the writ petitioner. A second First Information Report was initiated on January 31, 2012 on the allegation that the writ petitioner on January 31, 2012 without knocking on the door entered the room of the de facto complainant when she was alone and molested her. A criminal proceeding had
Acquittal in a criminal case does not automatically lead to reinstatement in disciplinary proceedings unless charges and evidence are identical.
Acquittal by benefit of doubt in criminal case does not constitute honourable acquittal and does not vitiate disciplinary dismissal for falsified date of birth, given differing proof standards.
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
The dismissal of a police officer based on departmental proceedings was unjustified as the charges were not proven, and acquittal in criminal proceedings must be considered.
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
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