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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Union of India – Appellant
Versus
Budhdeo Singh, son of Shyam Bihari Singh – Respondent
JUDGMENT :
Per Sujit Narayan Prasad, J.
Prayer
1. The instant appeal under Clause-10 of Letters Patent is directed against the order dated 04.05.2021 passed by the learned Single Judge of this Court in W.P.(S) No.569 of 2009, whereby and whereunder, while partly allowing the writ petition, the learned Single Judge has quashed and set aside the order dated 26.12.2001 by remitting the matter back to the respondent no.4 to pass a fresh order.
2. The brief facts of the case, as per the pleading made in the writ petition required to be enumerated, which reads as under:-
3. It is the case of the writ petitioner that the writ petitioner was deputed for Night shift for armed patrolling duty in the intervening night 22/23-07-2001 from 2100 hours to 0500 hours at camp no.II store. During his duty, it was reported that some criminal have stolen 1.040 MT Brass guides from his duty beat. In the intervening night, the Bokaro Steel City Police recovered 1.040 MT Brass guides from near the Air Strip Boundary wall which was just outside the camp-II store area and the police also arrested a criminal.
4. Thereafter, the police party went to Camp II store and met ASI Mr. S.N.Roy and informed him about the r
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
The acquittal in criminal proceedings does not preclude disciplinary action in departmental proceedings, as the standard of proof and burden of proof are different in the two proceedings.
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.
Disciplinary proceedings against a public servant must cease if the charges are identical to those leading to an honourable acquittal in a criminal case, ensuring fairness in due process.
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