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JAGMOHAN BANSAL
Satnam Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of :
(ii) order dated 08.09.2006 (Annexure P-3) whereby Disciplinary Authority has awarded punishment of forfeiture of three years permanent service;
(iii) order dated 03.04.2007 (Annexure P-4) and 19.02.2008 (Annexure P-5) whereby Appellate Authorities have dismissed his appeals.
2. The petitioner joined Punjab Police as Constable. He was implicated in FIR No.112 dated 12.12.2002, under Sections 364, and 34 of IPC (Sections 302, 201, 506 added later on) at Police Station Maur, District Bathinda on the basis of supplementary statement of complainant. The respondent-department initiated departmental enquiry against him and w.e.f. 02.06.2003, he was placed under suspension. The trial Court vide order dated 23.01.2006 acquitted him from all charges levelled in the FIR. He rejoined service from 04.09.2006. He filed reply to departmental charge-sheet and respondent vide order dated 08.09.2006 ordered to forfeit three years of his permanent service. He preferred an appeal before appellate a
An acquittal in criminal proceedings does not preclude departmental punishment unless specific exceptions in the applicable rules are satisfied.
Acquittal in criminal proceedings does not automatically protect a police officer from departmental action, but exceptions in the relevant rule must be considered to avoid discrimination and uphold t....
Departmental proceedings must adhere to fair process, especially post-acquittal, ensuring that dismissals are justified and not arbitrary.
Acquittal in criminal proceedings necessitates a review of departmental punishment under Punjab Police Rules, 1934, ensuring procedural compliance by authorities.
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.
Acquittal in criminal proceedings does not guarantee reinstatement in service due to differing standards of proof in departmental inquiries.
The court held that a disciplinary dismissal based on unproven charges is unjustified, especially when the employee is acquitted in related criminal 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.
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