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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Gorkhu Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings initiated for dob falsification (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. acquittal claimed; sibling dob evidences tampering (Para 7 , 8 , 9 , 10 , 11) |
| 3. petitioner argues acquittal bars dismissal (Para 12 , 13 , 14) |
| 4. non-honourable acquittal permits disciplinary action (Para 15 , 16 , 17 , 18 , 19) |
| 5. no detailed reasons needed in da order (Para 20 , 21 , 22) |
| 6. dismissal proportionate for service extension fraud (Para 23 , 24 , 25 , 26) |
| 7. writ petition dismissed without costs (Para 27 , 28) |
Judgment :
Jiya Lal Bhardwaj, J.
By way of present petition, the petitioner who was working as a Beldar with the respondents on regular basis has challenged the order dated 20.06.2008 (Annexure P-4), whereby respondent No.4 had imposed penalty of dismissal from the Government service upon him.
2. The petitioner has pleaded in the petition that he was appointed as Beldar on daily wage basis with the respondent-Department in the year 1987 and thereafter his services were regularized in the year 1999. At the time of regularizing his services, he had mentioned his date of birth as 14.05.1955 (Annexure P-1).
3. It has been averred in the petition that one Sh. Jaram Singh,
Acquittal by benefit of doubt in criminal case does not constitute honourable acquittal and does not vitiate disciplinary dismissal for falsified date of birth, given differing proof standards.
The court emphasized that the enhancement of penalty, the nature of the petitioner's acquittal, and the proportionality of the punishment were crucial in reaching its decision.
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.
Acquittal in a criminal case does not automatically lead to reinstatement in disciplinary proceedings unless charges and evidence are identical.
The court held that a disciplinary dismissal based on unproven charges is unjustified, especially when the employee is acquitted in related criminal proceedings.
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