Acquittal in a criminal case does not automatically lead to exoneration from departmental disciplinary proceedings, and the nature of the criminal charges and mitigating factors should be considered when imposing penalties.

JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records relating to the order passed by the 3rd respondent dated 30.10.2014 in his Order No.V-15014/1&R/SS/Rev/BV/2014-236, confirming the appellate order passed by the 4th respondent dated 30.09.2009 in his order No.V-11014/26/2009/L&R/(SZ)/2297 confirming the final order passed by the 5th respondent dated 26.03.2007 in his final order No.V-15014/Estt.I/Maj-BV/2007/1985 quash the same and direct the Respondents to take the petitioner as constable in to the strength of CISF Ch P T, Chennai, with all monitory benefits.)

1. The order of removal from service confirmed by the Appellate Authority and the Revisional Authority are under challenge in the present writ petition.

2. The petitioner joined as Constable in the Central Industrial Security Force in the year 1988. While he was working under the control of the 5th respondent, one Mrs.B.M.Chandra of Redhils, Chennai-56, has lodged a complaint against the petitioner on 24.03.2005. The petitioner was arrested on 29.03.2005 and released on bail on 31.03.2005. The fact was informed to the 4th respondent through phone and a letter was sent to the department, intimating about the arrest and release. The 5th respondent placed the writ petitioner under suspension and a charge memo under Rule 36 of the CISF Rules, 2001 dated 06.06.2005 was issued, framing the following charges:

ARTICLE OF CHARGE-I

No.882330578 Constable B.Veerappan of 'A' Coy, CISF Unit, ChPT Chennai, along with his wife, had gone to the residence of Smt.B.M.Chandra, at Redhills, Chennai – 56, on 20.03.2005 at 07.00 hrs and assaulted her. This act on the part of No.882330578 Constable B.Veerappan amounts to gross misconduct, breach of decorum and good order of a member of disciplined Force and also tarnished the image of the Force.

ARTICLE OF CHARGE-II

No.882330578 Constable B.Veerappan of 'A' Coy, CISF Unit, ChPT Chennai, was arrested on 29.03.2005 at 12.00 hrs, for assaulting one Smt.B.M.Chandra on 20.03.2005 and sent for remand by judicial Magistrate Court II, Ponneri and released on bail on 31.03.2005 at about 16.30 hrs. No.882330578 Constable B.Veerappan who was detained in police/judicial custody failed to intimate promptly the fact of his arrest and the circumstances connected therewith to his superior thereby suppressing material information. This act on the part of No.882330578 Constable B.Veerappan amounts to gross misconduct and disregard towards the department.

ARTICLE OF CHARGE-III

No.882330578 Constable B.Veerappan of 'A' Coy, CISF Unit, ChPT Chennai had developed an irresistible and persistent attitude of committing similar offence of assaulting and fighting with others and failed to redeem himself and show improvement in his work and conduct in spite of charge sheeted and penalized on 3 earlier similar occasions during his service. This amounts to an act of gross misconduct and reprehensible attitude.”

3. The petitioner submitted his explanations on 18.06.2005, denying the charges. Not satisfied with the explanations, the 5th respondent appointed the Enquiry Officer, who in turn, conducted an enquiry and the petitioner submitted a representation to keep in abeyance the departmental proceedings during the pendency of the criminal case. However, the departmental enquiry proceeded with and the petitioner defended his case. The petitioner made a request to have defence assistance and the 5th respondent suggested three names of the local CISF Personnel under Rule 36(8)A of the Rules on 15.09.2005. Thus, the petitioner filed W.P.No.29655 of 2005, challenging the validity of Rule 36(8)A and the Hon'ble Division Bench of this Court upheld the validity of the said Rule. Meanwhile, the Criminal Case on the file of the Judicial Magistrate-II, Ponneri in C.C.No.98/05 was finally disposed of on 01.08.2006. The petitioner was acquitted. The Enquiry Officer proceeded with the charge