R. Banumathi, J.

This Letters Patent Appeal is preferred against the order dated 19.11.2011 passed by the learned Single Judge in C.W.J.C. No. 5762 of 2000P by which the learned Single Judge set aside the punishment of dismissal from service and ordered reinstatement with 40% of arrears of salary. The short point involved in this appeal is whether the punishment of dismissal awarded in departmental proceedings is liable to be quashed merely on the ground that the criminal case ended in acquittal.

2. The respondent was appointed as Revenue Employee (Rajaswa Karamchari) by an order No. 11 dated 29.08.1990 issued by the Collector, Sahebganj. By an order No.12 dated 04.10.1990 the respondent and similarly situated persons were given posting and respondent was posted at Anchal Pakuria. The respondent is alleged to have obtained appointment in the name of Ajay Kumar Nand (who is actually stated to be Jai Prakash Mandal, son of Nirmal Kumar Mandal). On 01.11.1993 a complaint was received from one Rajendra Prasad Mandal alleging that the respondent’s appointment in the year 1990 was by impersonating the name of Ajay Kumar Nand while his actual name is Jai Prakash Mandal son of Nirmal Kumar Mandal and he is resident of Village Nandgolla, P.O. Patharghatta, P.S. Antichak (Kahalgaon), District Bhagalpur.

3. Based on the complaint, verification and enquiry have been done about the permanent address and school address furnished by the respondent. The Sub Divisional Officer, Pakur submitted his report stating that even though the respondent claims to have passed Matriculation examination in First Division from Netarhat Government High School, the respondent was not able to write in English, Year of Examination and Roll Code etc. and that he does not know where the Netarhat Government School is situated. The Sub Divisional Officer, Pakur recommended for lodging first information report against the respondent.

4. The enquiry was conducted in the native village of the respondent-Nandgolla, P.S. Antichak, P.S. Patharghatta, District Bhagalpur. During enquiry the co-villagers have given a written statement that no person of the name of Ajay Kumar Nand, son of Ram Ratan Prasad Singh is residing in the village-Nandgolla. In the course of enquiry, the co-villagers also informed that the actual name of the respondent is Jai Prakash Mandal, son of Nirmal Mandal and he is posted as Revenue Employee in Pakuria. The same was also confirmed by the mother of the respondent.

5. On enquiry in the concerned Netarhat High School, the Executive Magistrate found that Ajay Kumar Nand son of Sri Ram Ratan Prasad Singh, passed Matriculation Examination in First Division from Netarhat Government School in the year 1984 and the said Ajay Kumar Nand has completed his I.Sc. from St. Xaviers College, Ranchi and Engineering from Sindri Institute and that he was then preparing for U.P.S.C. from Delhi. His father Ram Ratan Prasad Singh, working as a Teacher in Rajkiya Middle School, stated that his son is not doing job anywhere. He stated that his permanent address is Village Hetinpur, P.O. Hetinpur, P.S. Patori, District Samastipur and that he is Yadav by caste.

6. On the basis of inquiry, first information report was registered vide Pakuria Police Station Case No. 13/1994 dated 11.03.1994 under Sections 198, 200, 416, 420, 463, 467, 468 and 471 of the Indian Penal Code against the respondent. After completion of investigation, chargesheet was filed. After trial, the respondent was acquitted by the Trial Court by the judgment dated 29.08.1996 (Annexure-10). Government Appeal preferred against the acquittal was dismissed by the High Court vide order dated 09.02.1998.

7. The Deputy Commissioner, Pakur ordered for initiation of Departmental Proceeding against the respondent and charge was framed against respondent for producing bogus certificate and getting appointment on the basis of false certificate (Annexure-11). The respondent contested the departmental p