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S. M. SUBRAMANIAM
P. Arumugam – Appellant
Versus
Deputy Inspector General of Police, Salem – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to the orders in (1) Pro.Na.Ka.No.G1/25245/2014 (Salem City PR No.H1/27/2013) dated 05.02.2015 of the second respondent and (2) Pro.Rc.No.B1/61/1328/2015 dated 20.05.2015 (Appeal No.32/2015) of the first respondent and to quash the same.)
1. The order of punishment of postponement of increment for 3 years without cumulative effect imposed by the Disciplinary Authority, which was confirmed by the Appellate Authority, is under challenge in the present writ petition.
2. The writ petitioner was holding the post of Police Constable Grade-I and a criminal case was registered against the writ petitioner in Crime No.765 of 2012 under Sections 294(b), 323, 353, 506(ii) IPC read with Section 4(1)(j) of the Tamil Nadu Prohibition Act. The criminal proceedings were initiated on 14.11.2012. Simultaneously departmental disciplinary proceedings were initiated under Rule 3(b) of Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955 and a charge memo was issued on 15.04.2013. The criminal case ended with an order
Acquittal in a criminal case does not automatically exonerate an employee from departmental disciplinary proceedings.
An order of acquittal in a criminal case does not necessarily bar departmental disciplinary proceedings, as the standards of proof and procedures are different.
The acquittal in a criminal case does not automatically absolve an employee from departmental disciplinary proceedings, and the standard of proof required in the two proceedings is different.
Acquittal in a criminal case does not automatically lead to reinstatement in disciplinary proceedings unless charges and evidence are identical.
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