The acquittal in a criminal case may exempt a police officer from penalties, but the misconduct and dereliction of duty can still be considered in departmental proceedings.

JUDGMENT :

Spoke. Oral judgment dated 16.10.2023 of this Court is recalled.

2. This OP(KAT) is filed by the applicant in OA No.1369 of 2019 before the Kerala

Administrative Tribunal, Thiruvananthapuram Bench (for short, “the Tribunal”).

3. The original application was filed seeking to call for the records leading to Annexures A8, A10, A12 & A16 and to quash the same. The Tribunal, after hearing both sides, has rendered the impugned order dated 02.12.2021 finally disposing of OA No.1396 of 2019 with the finding that the imposition of penalty on the applicant is only a minor one, barring of three increments without cumulative effect, which cannot be said to be harsh or disproportionate. It was also held that no serious prejudice would be caused to the applicant and any interference with the impugned orders will have serious ramification in a disciplined force. It is challenging this order, the original petition under Article 227 of the Constitution of India has been filed by the applicant seeking to set aside Ext.P2 order in OA No.1396 of 2019 on 02.12.2021 passed by the Tribunal, .

4. We have heard Sri.Jinson Ouseph, the learned counsel appearing for the petitioner/applicant and Smt.Vinitha.B., the learned Senior Government Pleader appearing for the State.

5. The challenge is against the imposition of penalty of barring of three increments without cumulative effect on the petitioner. The petitioner, who was a Senior Civil Police Officer (Driver) in the District Armed Reserve, was intercepted by the local police and handed over to the police alleging that he was involved in the sale of ganja along with another person. Subsequently, they were arrested for the offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'); and pursuant to his arrest and registration of crime for violation of the NDPS Act, he was placed under suspension as per Annex.A2 order dated 17.09.2012. Thereafter, Annex.A3 Memo of Charges was issued to the petitioner and on receipt of Statement of Defence, a detailed enquiry was conducted. Thereafter, Punishment Roll Minutes (hereinafter referred to as 'PR Minutes') was submitted finding that the petitioner has committed serious misconduct in attempting to protect a person, who was an accused in a crime for offence under the NDPS Act. In the PR Minutes, it is also stated that further actions can be taken on the basis of the orders of the court, due to pendency of a criminal case. As per Annex.A6 proceedings, the petitioner was reinstated in service without prejudice to the prosecution of the criminal case against him. Subsequently, he was acquitted in the criminal case as per Annex.A7 judgment. After acquittal in the criminal case, Annex.A10 order was passed, imposing punishment of barring three increments without any cumulative effect on the petitioner/applicant. The period of suspension was directed to be treated as duty for the limited purpose of pension and gratuity and his pay and allowances for the period was limited to the subsistence allowance already drawn.

6. The petitioner thereafter filed an appeal and review petition, both were rejected. Subsequently, Tribunal, as per Annex.A15 order, set aside the order in the review petition (Annexure A14) and directed to reconsider the review petition. Thereafter, Annex.A16 order was passed rejecting the review petition. Challenging the penalty order as well as the appellate order and the review order, the petitioner approached the Tribunal with the original application contending that in view of the provisions in Section 101(8) of the Kerala Police Act, no penalty can be imposed after acquittal by the criminal court on the same allegations. It was further contended before the Tribunal that since the enquiry officer has stated that the findings in the P.R.Minutes are subject to the orders in the criminal case, no further action can be taken on the basis of acquittal granted as per Annex.A7 judgment. After a detailed consideration,