IMPORTANT POINT
No penalty can be imposed on a police officer in departmental proceedings based on the same facts after acquittal in criminal proceedings, as mandated by Section 101(8) of the Kerala Police Act.

JUDGMENT :

A. Muhamed Mustaque, J.

1. The petitioner in this original petition is a police constable, who was an applicant in O.A. No. 1491 of 2020 dated 08.06.2022, filed before the Kerala Administrative Tribunal, Thiruvananthapuram. A crime was registered against the petitioner under Section 279 of IPC read with Sections 185, 188, 3(1) and Section 181 of the Motor Vehicles Act. The applicant was acquitted by the Judicial First Class Magistrate Court-I, Neyyattinkara. However, based on memo of charges and statement of allegations issued, disciplinary proceedings were initiated against him. The enquiry officer found that the petitioner is guilty of the charges levelled against him. However the applicant was imposed only minor punishment of “black mark.” Thereafter, the first respondent - The Additional Director General of Police, issued a show cause notice to the petitioner to enhance the punishment and called for his objection. After adverting to the response of the petitioner, the punishment was enhanced with barring one annual increment with cumulative effect.

2. The petitioner filed a statutory appeal before the Director General of Police, which was not considered. Pending that appeal, the petitioner approached the Kerala Administrative Tribunal challenging the penalty imposed. The Tribunal did not interfere with the penalty imposed, but directed to consider his appeal by the second respondent, Director General of Police. Not satisfied with the directions of the Tribunal, the petitioner approached this Court.

3. We perused the charge memo. The charge memo is identical to the charges in a criminal case. It is to be noted that one more allegation was stated in the charge memo that though an attempt was made to stop the vehicle, the driver of the vehicle did not stop the vehicle and proceeded. But as seen from the fact itself, the petitioner was a pillion rider and not the driver. All other offences against him were not proved and the petitioner has been acquitted. Since he was not the driver, the non stoppage of the vehicle by the driver cannot be resulted in any disciplinary action against him. It is to be noted that, absolutely no other allegations have been raised against the petitioner other than allegations in a criminal offence.

4. The learned counsel placed reliance on the judgment of this Court in State of Kerala v. Vijayakumar, 2021 (4) KLT 35, wherein, in a matter related to Police Department enquiry, this Court held that once the criminal proceedings are dropped, no penalty can be imposed in departmental proceedings under Section 101(8)(1) of the Police Act.

5. Section 101(8) of the Kerala Police Act which reads thus:

101. Departmental Enquiry Proceedings:

(1) xxx

(2) xxx

(3) xxx

(4) xxx

(5) xxx

(6) xxx

(7) xxx

(8).....

(1) Department level enquiry proceedings may be initiated against any police officer for the same matter even though he was exonerated by a criminal court after trial, he shall not be subjected to penalties on the basis of the same facts in department level enquiry.

(2) A police officer if convicted for an offence involving moral turpitude or serious misconduct the disciplinary authority concerned or the State Police Chief or the Government may, after considering the nature of the offence, make him compulsorily retire or remove or dismiss that officer from service.

6. This Court in O.P. (KAT) No. 314/2019 held that, if the departmental proceedings initiated against the delinquent police servant on the same or the identical facts in a criminal case, on his acquittal, no penalty can be imposed on the basis of the same facts as in the criminal case, that is the mandate of Section 101(8) of the Police Act. If there are no other allegations levelled against the petitioner other than referred in a criminal case, based on exoneration, the disciplinary proceedings will have to be dropped, as we cannot subject him to any penalty based on the same facts in the criminal case.

7. In the light of law mentioned above in State of K