IMPORTANT POINT
An acquittal in a criminal case does not automatically entitle an employee to reinstatement; it must be an 'honourable acquittal' where the prosecution fails to prove charges beyond reasonable doubt.

JUDGMENT

Heard Mr S P Aravindakshan Pillay learned Counsel for the petitioner, and Mr Jose Kuriakose learned Standing Counsel for the Food Corporation of India (FCI).

Facts :

2. The present writ petition has been filed by the petitioner, who is employed as Manager (General) in the service of the Food Corporation of India (‘FCI’ for short), aggrieved by the non-regularization of his period of suspension with effect from 16.08.2015 to 15.02.2016 as a duty for all purposes.

2.1 The facts of the case, as stated in the writ petition, disclose that the petitioner was implicated in an Abkari case while working as Assistant Grade-1 (General) at the Food Corporation of India’s District office, Kannur. He was in judicial custody from 16.08.2015 until he got bail on 09.09.2015.

2.2 As per the final report submitted by the Excise Department vide charge sheet no.31/2016 dated 29.02.2016 under Section 173 of Cr.P.C, the petitioner was apprehended transporting 14.25 litres of foreign liquor, which was seized by the Excise Officers and Crime No.129/2015 under Section 58 of the Abkari Act was registered against him. The petitioner was sent to judicial custody on 16.08.2015. The petitioner was placed under suspension in terms of sub-regulation 2(a) of Regulation 66 of the FCI (staff) Regulation 1971, with a change in headquarters to District Office Kozhikode. The suspension was extended for a period of 90 days vide the order dated 14.12.2015, and thereafter, the suspension was revoked with effect from 15.02.2016 vide the order dated 17.02.2016.

3. The Disciplinary proceedings were initiated against the petitioner under Regulation 58 of the FCI (Staff) Regulations 1971 vide Memorandum dated 07.03.2017, for the following charges:-

“ARTICLE-1

Shri K Sunil Kumar, Asst. Grade-I (Genl.), while working at FCI, District Office, Kannur has behaved in a manner very much unbecoming of an employee of the Corporation. As per the final report submitted by the Excise Department charge sheet No. 31/16, dtd: 29.02.2016 under section 173 Cr.PC, the Official on 16.08.2015 at 06.45 AM on the road Edathodi to Vatakara Railway station in front of Rinsha Hotel while the CO (Charged Official) transporting 14.25 Litrs foreign Liquor of Mahi, Excise Inspector Shri R-N-Byju and party who were the Officers of Vatakara Excise Circle detected the crime and registered case as Crime No.129/2015 under Section 58 of Abkari Act 1077. Also the case is in Assistant Sessions Court, Vatakara vide Case number SC No.866/16. Accused and the seized articles were produced before the JFCM Vatakara and the accused was remanded by the Honble Court. Thus, Shri K Sunil Kumar, Asst. Grade- 1(Genl) has contravened Regulation 31, 32,45 & 32.A (5), (17), (19), (24), (30) and (38) of FCI(Staff) Regulations, 1971.”

3.1 The Enquiry Officer concluded that the charge against the petitioner was proved, and the Disciplinary Authority, vide the punishment order dated 07.08.2018 [Ext P4], imposed the penalty of “reduction to two-stage lower in the time scale of pay for three years with cumulative effect but same shall not have the effect of postponing his future increment of pay after penalty period”.

3.2 The Assistant Session Judge Vatakara, in Sessions Case No.866/2016, acquitted the petitioner in the Abkari case. The judgment of the Assistant Session Judge, Vatakara, dated 30.03.2021 in Sessions case No.866/2016, has been placed on record. Paragraphs 25 and 26 of the said judgment would read as under:-

“After analysing the entire evidence, this Court find that there are suspicious circumstances behind the apprehension of the accused as alleged by the prosecution. Since the liquor bottles produced before the Court do not show that there are hologram of the State of Puducherry, prosecution case cannot be accepted because PW5, the detecting Officer deposed that there was hologram of Puducherry State on those bottles. Inventory prepared by t