2015 Supreme(Jhk) 620
IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRAMATH PATNAIK, J.
Amit Kumar Singh - Petitioner
Versus
State of Jharkhand & Ors. - Respondents
W.P.(S) No. 7514 of 2013
Decided On : 14-08-2015
Advocate Appeared:
For the Petitioner: Mr. Ajay Kumar Pathak, Adv.
For the Respondents: J.C. to A.G.
Headnote:Service Law—Reinstatement in service—If a criminal proceeding was initiated at instance of employer, delinquent would be entitled for reinstatement from date of dismissal after acquittal in criminal case—If criminal case was instituted at instance of a third party, delinquent would be reinstated from date of acquittal in criminal case—Order of punishment quashed and matter remanded back for reconsideration.
Pramath Patnaik, J.
1. In the aforesaid writ application, the petitioner has inter alia prayed for setting aside/quashing the order as contained in Memo no.09/D/06-01-34/2012 dated 13.01.2014 whereby the revision petition preferred by the petitioner on 21.11.2012 has been dismissed and for quashing of the order as contained in Memo no.2825 dated 20.05.2011 passed by the respondent no.4 as well as the appellate order dated 08.10.2012 passed by the respondent no.3 and further for direction to the respondents to make payment of arrears of salary and for all consequential benefits.
2. The factual matrix as delineated in the writ application in a nutshell is that the petitioner while serving as constable was served with a memo of charge vide Memo no.394 dated 21.12.2009 containing the charges of subjecting his legally married wife to cruelty and harassment for bringing more dowry from her parents and also for solemnizing his second marriage with another girl as per annexure-1 to the writ application. In pursuance to the said charge a departmental enquiry was held and the charges were found to be true against the petitioner. The petitioner submitted his explanation vide annexure-2 to the writ application and being not satisfied with the explanation of the petitioner, the petitioner was directed to file his further explanation before the authority explaining his defence and the copy of the second explanation has been annexed as Annexure-3 to the writ petition. The conducting officer of the departmental proceeding submitted his opinion on 30.04.2010 stating inter alia therein that all charges have been proved against the petitioner vide Annexure-4 to the writ petition and on the basis of the opinion of the conducting officer, the S.P, Bokaro (respondent no.4) came to the conclusion as contained in memo no.3045 dated 19.05.2010 that the petitioner has been found guilty of the charges levelled against him and on the proposed punishment of dismissal from services, the petitioner was asked to file his explanation as per annexure-5 to the writ application. The petitioner submitted his explanation stating inter alia that the charges are baseless and without any cogent legal evidence. Moreover, the Complaint Case no.2282 of 2009 lodged under Section 498A IPC and under Section 3/4 of the Dowry Prohibition Act has been falsely instituted against him, therefore, the decision of the departmental proceeding ought to be taken after decision comes in the court having competent jurisdiction, as evident from annexure-6 to the writ petition. Being not satisfied with the explanation of the petitioner the respondent no.4 has passed order of dismissal contained in District Force Order No.1343/2011 contained in Memo no.2825 dated 20.05.2011 vide annexure-7 to the writ application. Being aggrieved by the order of dismissal dated 20.05.2011, the petitioner preferred an appeal on 29.07.2011 before the appellate authority i.e. D.I.G., Bokaro (respondent no.3) stating inter alia therein that the allegation levelled through the memo of charges being Memo No.394 dated 21.12.2009 is totally false and fabricated, a copy of the said appeal filed by the petitioner dated 29.07.2011 has been annexed as annexure-8 to the writ petition. The appellate authority dismissed the appeal preferred by the petitioner vide District Force Order No.2389/2012 contained in Memo no.945 dated 08.10.2012, vide annexure 9 to the writ petition. Being aggrieved with the aforesaid order of dismissal as well as order passed by the appellate authority, the petitioner preferred a revision petition before the Director General of Police, Jharkhand (respondent no.2) on 21.11.2012 which has been dismissed vide order dated 13.01.2014 and are marked as annexures-10 and 10A to the writ application. It has been averred in the writ application that the criminal proceeding which was initiated in the Court of learned Sub Divisional Judicial Magistrate, Danapur wherein the petitioner has been acq