Acquittal from criminal charges entitles a police officer to reinstatement as per Regulation 241 of the Chhattisgarh Police Regulations, when the charges in the criminal trial and the departmental proceeding are substantially the same.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This is the second round of litigation between the parties as by order dated 12-2-2015 passed in W.P. (S) No. 2219/2005, this Court directed the Superintendent of Police (Radio), Bhilai to consider the case of the petitioner in terms of Regulation 241 of the Chhattisgarh Police Regulations on the ground of the petitioner’s subsequent acquittal from criminal charges by the jurisdictional criminal court. After consideration, the competent authority has rejected his claim by order dated 13-4-2015 against which he filed appeal and by the impugned order dated 9-12-2015, the appellate authority has dismissed his appeal which has been called in question in the instant writ petition.

2. The petitioner was appointed on the post of Constable and was posted at Jagdalpur. On 1-12-1994, the petitioner’s wife committed suicide and consequently, offence under Sections 306 and 498A of the IPC was registered against the petitioner and he was charge-sheeted in that case before the jurisdictional criminal court. Meanwhile, on 26-4-1994, the respondent i.e. the then State of Madhya Pradesh initiated disciplinary proceedings and served charge-sheet to the petitioner for violation of Regulation 64(11) of the Madhya Pradesh Police Regulations to which he submitted reply and ultimately, after completion of enquiry, he was terminated by order dated 28-2-1995 against which he preferred appeal, but the appeal was also dismissed by the appellate authority by order dated 1-6-1995 against which he preferred mercy petition, but the competent authority directed him to prefer mercy petition after decision of the trial Court and the mercy petition was disposed of by order dated 18-6-1996. Ultimately, the petitioner was acquitted from criminal charges on 28-5-1997 and thereafter, he repeated his mercy petition on 9-6-1997 before the Director General of Police which was rejected on 6-9-1997. (Against the order of acquittal, appeal preferred by the State being Criminal Appeal No. 2096/1997 was dismissed by this Court on 15-1-2014.) The order dated 6-9-1997 dismissing the mercy petition was assailed by the petitioner by preferring W.P. (S) No. 2219/2005 which was partly allowed by this Court by order dated 12-2-2015 directing the Superintendent of Police concerned to consider the case of the petitioner for reinstatement in the light of Regulation 241 of the Chhattisgarh Police Regulations, but by order dated 13-4-2015 the Superintendent of Police concerned has rejected the representation maintaining the order dated 7-4-1995 dismissing the petitioner from police service. Against the order dated 13-4-2015, the petitioner preferred appeal before the appellate authority which has been dismissed on 9-12-2015 by the Additional Director General of Police against which this writ petition has been preferred.

3. Return has been filed controverting the averments made in the writ petition stating that no case is made out for interfering with the order dated 13-4-2015 and the order dated 9-12-2015 passed by the disciplinary authority as well as by the appellate authority.

4. Mr. Goutam Khetrapal, learned counsel appearing for the petitioner, would submit that departmental enquiry and criminal proceeding, both, were based on identical and similar facts therefore in the light of Regulation 241 of the Chhattisgarh Police Regulations, as a matter of right, the petitioner is entitled for reinstatement and orders of both the authorities are liable to be set-aside.

5. Mr. Ravi Kumar Bhagat, learned Deputy Government Advocate appearing for the State/respondents, would submit that the petitioner was subjected to departmental enquiry for breach of Regulation 64(11) of the Chhattisgarh Police Regulations, whereas in criminal case, he was charged for offence under Sections 306 and 498A of the IPC, therefore, it was based on quite different set of facts, neither similar nor identical, as such, Regulation 241 of the Chhattisgarh Police Regulations has rightly b