Davinder Kumar vs State of Haryana - 2023 Supreme(P&H) 2863

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2863

RAVI SHANKER JHA, ARUN PALLI
Davinder Kumar – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Jagjot Singh, Advocate; For the Appellant

Table of Content
1. factual background of appellant's case (Para 1 , 2 , 3)
2. appellant's argument for reinstatement after acquittal (Para 4 , 6 , 9)
3. court's analysis of criminal vs departmental proceedings (Para 5 , 8)
4. legal reasoning on acquittal's effect on service (Para 7 , 10)
5. court's final conclusion and dismissal of appeal (Para 11)

JUDGMENT

Arun Palli, J.

This is an intra-court appeal, under Clause X of the Letters Patent, against an order and judgment dated 18.08.2022, vide which the writ petition preferred by the appellant has been dismissed.

2. The facts that are required to be noticed are limited.

3. The appellant was appointed as Constable in Haryana Police on 08.02.1984 and thereafter promoted as Head Constable, and then E/ASI. Pursuant to registration of FIR No.23, dated 11.07.2011, under Section 7 of Prevention of Corruption Act, 1988, he was suspended and a departmental inquiry was initiated against him. The Inquiry Officer, vide a detailed report (P-4), concluded that he had taken bribe, while he was posted as Traffic Staff at Faridabad, from a scrap-dealer (Rakesh Chand) and was caught red-handed by the Vigilance team. Accordingly, the punishing authority af