The main legal point established in the judgment is that the standard of evidence required in a criminal case and in a disciplinary enquiry are different, and that the department was entitled to initiate disciplinary proceedings after the respondent's acquittal.

JUDGMENT :

Ar. Lakshmanan, J.—The Southern Railway is the appellant in this appeal. The writ appeal is directed against the order of Ghuttal, J. in O.P. No. 9478 of 1988 allowing the Original petition filed by the respondent herein whereby the appellate order No. l dated September 22, 1988, Ext.P-12, confirming the order of dismissal of the respondent from service was quashed. The learned single Judge further held that the petitioner should be treated to have been in the employment as Railway Rakshak notwithstanding the orders impugned in this petition and quashed by him and that the respondent should be entitled to all the benefits such as salary, allowances, seniority, promotion, etc. as if the impugned orders were never made. It was further ordered that if the respondent had crossed the age of superannuation, he should be paid all the benefits such as provident fund, gratuity, etc.

2. A brief resume of the background of this case is necessary to appreciate the rival contentions. The respondent, while working as Rakshak in the Railway Protection Force, (in short 'the R.P.F.') was charged with the offence of murdering another Rakshak by name Gopalakrishnan on April 11, 1978. He was convicted and sentenced for life imprisonment by the Sessions Court. But, on appeal, he was acquitted by a Division Bench of this Court by giving the benefit of doubt under Ext.P-1 judgment of this Court in Crl. Appeal No. 331 of 1978 dated March 6, 1979. This Court, while disposing of the appeal, concluded as follows:

"It has not been proved beyond reasonable doubt that the appellant is guilty of the offence for which he has been convicted. Therefore, his appeal is allowed, his conviction and sentence are set aside and he is acquitted."

The Department initiated disciplinary proceedings against him regarding the incident, as per the provisions of the Railway Protection Force Rules. The respondent moved an Original Petition, O.P. No. 3439 of 1980 before this Court, inter alia challenging the initiation of disciplinary proceedings against him even after his acquittal in the Criminal case. A Division Bench of this Court disposed of the Original Petition on July 1, 1986 permitting the initiation of disciplinary proceedings. Thereafter, the respondent was issued with a charge memorandum on July 15, 1987. The charge in short was in respect of the grave and reprehensible conduct of the respondent in that he, while working as Rakshak at Shoranur, stabbed to death his colleague one Gopalakrishnan, on the night of April 11, 1978. In this context it is useful to reproduce the Statement of Allegations accompanying the charge sheet which reads as follows:

"Shri K. Sreedharan was working as RPF Rakshak No. 196 at Shornanur out post during 1978. Sri Gopalakrishnan along with one Velayudhan came to SRR by train on his way to CAN, his native place. At SRR they met delinquent and went to his room at Paran's lane at his invitation. There both Gopalakrishnan and his companion had alcaholic drink with the charged employee and RK Chamunni, etc. of SRR post. At that time there was a prostitute named Sathyabhama hired by the delinquent waiting inside the charged employee's room. After consuming liquir, Gopalakrishnan had sexual enjoyment with Sathayabhama but he did not pay any amount to her. This resulted in a quarrel between the charged employee and Goplakrishnan, and the charged employee tried to hit Goplakrishnan, with a dagger, but pacified by others, they dispersed without any untoward incident and everybody left the place. At 9 p.m. towards RPF Office SRR, Sri Velayudhan, companion of Goplakrishnan left the place by bus. Thereafter the charged employee again quarrelled with Gopalakrishnan while he was standing near the RPF Office at 9.30 p.m. This ended in a conflict between the two and the charged employee stabbed Goplakrishnan with a knife on the left side of the abdomen and also on the back above the hip, Gopalakrishnan fell on the steps of the RPF Office and was fou