JAGMOHAN BANSAL
Amrik Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of order dated 17.06.2015 (Annexure P-7) whereby his representation seeking reinstatement has been rejected.
2. The petitioner joined CRPF on 02.09.1994 as Safai Karmachari and he was appointed as Constable (GD) in Group Centre (GC), Jalandhar w.e.f. 01.01.1997. On 30.06.2010, while he was posted in Group Centre, Jalandhar, he obtained permission from Guard Commissioner to leave his place of duty to pick up his son from Station Hospital, Jalandhar. He went to Kartarpur (Dhilwan) without prior permission of competent authority. He, while on his way, was arrested by Punjab Police alleging commission of offence punishable under NDPS Act. The police after completing investigation filed its report alleging commission of offence punishable under NDPS Act. During the pendency of criminal proceedings, the respondent initiated departmental proceedings. An enquiry officer was appointed to conduct enquiry. The charges levelled against the petitioner were proved and disciplinary authority vide order dated 04.06.2011 awarded him punishment of dismis
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Acquittal in criminal proceedings does not guarantee reinstatement in service due to differing standards of proof in departmental inquiries.
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
(1) Departmental proceeding is different from a criminal proceeding – Whereas in a departmental proceeding a delinquent employee can be held guilty on the basis of preponderance of probabilities, in ....
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