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ANOOP KUMAR DHAND
Ex-Ct/gd, Mahavir Prasad – Appellant
Versus
Union of India Through Secretary – Respondent
ORDER
1. Invoking the extra-ordinary jurisdiction of this court, the petitioner has submitted this petition seeking the following reliefs :-
(ii) Any other appropriate order which may be found just and proper in the facts and circumstances of the case.'
2. The background facts need to be noted, in brief are that the petitioner as a Constable joined duties on 12.6.2004 in the Central Reserve Police Force (for short 'CRPF') in Srinagar.
3. A departmental inquiry was ordered against the petitioner under Section 11(1) of the Central Reserve Police Force Act, 1949 (for short 'Act 1949') read with Rule 27 of the Central Reserve Police Force Rules, 1955 (for short 'Rules 1955') vide Office Orders dated 11.9.2007 and 8.10.2007 with following charges :-
'That No. 041598499 CT/GD Mahavir Prasad of A/118 Bn, CRPF while functioning as CT/GD committed an act of gross misconduct and disobedience or orders in his capacity as a mem
The dismissal of a police officer based on departmental proceedings was unjustified as the charges were not proven, and acquittal in criminal proceedings must be considered.
The court held that a disciplinary dismissal based on unproven charges is unjustified, especially when the employee is acquitted in related criminal proceedings.
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
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