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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Gorkhu Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
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, who was not on good terms with the petitioner, filed a false complaint against him regarding his date of birth before the respondent-Department. The respondent- Department, while taking cognizance of the said complaint, had conducted an inquiry against the petitioner and after receipt of the inquiry report, a show cause notice dated 16.05.2008 (Annexure P-3) was issued to him, stating that upon consideration of the inquiry report, respondent No.4 agreed with the findings of the Inquiry Officer and found that the articles o
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.
Service Law - Dismissal of Service - Justified - Charges for conviction more heinous in nature - Petitioner’s appeal is still pending before this Court - Grant of bail to the petitioner in such appea....
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