Acquittal in a criminal case does not absolve the delinquent from liability under disciplinary jurisdiction.

JUDGMENT

Tarlok Singh Chauhan, J. - The instant petition has been filed for grant of following substantive reliefs:

"a. that the departmental enquiry initiated by respondent No.3 may be kept in abeyance during the pendency of the criminal appeal.

b. that Annexure A-3, i.e. show cause notice dated 16.2.2018, whereby departmental proceedings are contemplated against the applicant, may be quashed and set aside.

2. The petitioner was recruited as Constable in Himachal Pradesh Police Department in the year 1984. He joined his services on 31.7.1986 in 1st Battalion, Junga and thereafter his services were allocated to the Superintendent of Police, Sirmaur at Nahan. It was averred that during the posting of the petitioner in District Sirmaur, one false case was registered against him vide FIR No. 1/14, dated 28.1.2014 by the Police Station, State Vigilance and Anti-Corruption Bureau, Sirmaur at Nahan under Sections 7 and 13(2) of the Prevention of Corruption Act and thereafter, the departmental proceedings were simultaneously initiated against the petitioner. Mr. Bhupinder Singh Bragta, SDPO Rajgarh was appointed as an Inquiry Officer and final inquiry report was submitted by him to the Superintendent of Police, Sirmaur at Nahan on 12.8.2014. Since the criminal case was pending against the petitioner, hence, the departmental proceedings were kept in abeyance.

3. The criminal case was concluded and the learned Special Judge, Nahan, vide judgment dated 3.1.2018 convicted and sentenced the petitioner to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.20,000/- under Section 7 and rigorous imprisonment for four years and to pay a fine of Rs.25,000/- under Section 13(2) of the Prevention of Corruption Act.

4. Thereafter, the petitioner preferred a criminal appeal before this Court against the judgment dated 3.1.2018, wherein vide order dated 2.2.2018, the sentence was suspended. The petitioner brought to the notice of respondent No.3 about the factum of suspension of sentence, however, he proceeded further with the departmental enquiry and on 16.2.2018, a show cause was issued to the petitioner for imposing penalty. Hence, the instant petition.

5. The respondents have contested the petition, wherein a number of preliminary objections have been raised. Out of these, one of the main objections is that there is no legal bar to conduct a departmental enquiry when criminal case has been registered against an employee. The approach and objective in the criminal proceedings and the disciplinary proceedings are altogether distinct and different as the two proceedings operate in different fields and have a different objective and degree of proof. It is further averred that the strict burden of proof required to establish guilt in a criminal court is not required in disciplinary proceedings and preponderance of probabilities is sufficient.

6. We have heard the learned counsel for the parties and have also gone through the material placed on record.

7. It is more than settled that the object of criminal trial is to inflict appropriate punishment on offender, which purpose of enquiry proceedings is to deal with delinquent departmentally and to impose penalty in accordance with the services Rules. The degree of proof necessary to convict offender is different from the degree of proof necessary to record commission of delinquency. Rule relating to appreciation of evidence in two proceedings is also not similar. In criminal law, burden of proof is on prosecution to prove guilt of the accused beyond reasonable doubt, whereas in departmental enquiry, penalty can be imposed on a finding recorded on the basis of "preponderance of probability".

8. The Hon'ble Supreme Court has gone to the extent to hold that even acquittal by court of competent jurisdiction in a judicial proceeding does not ipso facto absolve delinquent from liability under disciplinary jurisdiction.

9. In this regard, it shall be apposite to refer to the decision of th