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Abhilash – Appellant
Versus
Additional Director General of Police – Respondent
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 ap
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.
Acquittal in a criminal case does not automatically exonerate an employee from departmental disciplinary proceedings.
Point of law : Service Law -Though the departmental proceedings could be initiated in the same matter of case on the basis of which the criminal proceedings arose, once the delinquent is exonerated b....
An order of acquittal in a criminal case does not necessarily bar departmental disciplinary proceedings, as the standards of proof and procedures are different.
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