Acquittal in a criminal case does not affect disciplinary proceedings, which are governed by a lower standard of proof.

JUDGMENT

Namit Kumar, J. (Oral)

The present petition has been filed by the petitioners under Articles 226/227 of the Constitution of India seeking writ in the nature of Certiorari for quashing the charge-sheet dated 22.07.2015 (Annexure P-2 & P-3) and office order dated 10.07.2021 (Annexure P-8), whereby the petitioners have been awarded punishment, and for setting aside the order dated 29.04.2015 (Annexure P-1), whereby the petitioners have been placed under suspension, and seeking a writ of mandamus seeking directions to the respondents to reinstate the petitioners with all consequential benefits.

2. The brief facts leading to the filing of the present petition, as have been pleaded in the writ petition, are that the Petitioner Nos.1 and 2 have joined as 'Sewadar' and 'S/Granthi' on 15.10.1991 and 04.08.2008, respectively, at 'Takhat Shri Keshgarh Sahib, Shri Anandpur Sahib and were posted at 'Gurdwara Sahib Baba Gurditta Ji', Kiratpur Sahib, District Ropar (for short 'the Gurudwara'). The affairs of the Gurdwara are supervised and managed by 'Gurudwara Sahib Takht Shri Keshgarh Sahib', Ropar under the overall control of 'Shiromani Gurdwara Prabandhak Committee, which deals qua the management of all the Sikh Gurdwaras under the Sikh Gurdwaras Act, 1925.

3. On the intervening night of 18.04.2015 and 19.04.2015, at about 12:30 PM, one 'Bhai Himmat Singh', who was posted as 'Akhand Pathi' in the Gurdwara, had vomited by the side of the 'beer' of Shri Guru Granthi Sahib and though the petitioners were not at any fault but they have been placed under suspension vide impugned order dated 29.04.2015 (Annexure P-1) and further charge-sheeted vide impugned orders dated dated 22.07.2015 (Annexure P-2 & P- 3) and after the culmination of enquiry proceedings they were found guilty of disobedience of 'Gur Mariada' and resultantly, Petitioner No.1 - Harbhajan Singh was imposed penalty of Rs.5,000/- and whereas Petitioner No.2 - Jaimal Singh was found guilty for not disclosing the occurrence and destroying the proofs as well as disobedience of 'Gur Mariada' and was imposed penalty of demotion in rank with penalty of Rs.50,000/- and were reinstated into service in different Gurudwaras. Simultaneously, during the continuation of departmental proceedings, an FIR No.64 dated 23.07.2015, under Sections 295A, 120B and 201 IPC, was also got registered against the petitioners at Police Station, Kiratpur Sahib and vide Judgement dated 19.09.2022 passed by the Court of learned Sub- Divisional Judicial Magistrate, Shri Anandpur Sahib, both the petitioners were acquitted from the charges, since the prosecution has failed to prove their guilt beyond the shadow of reasonable doubt. Thereafter, the petitioners preferred writ petition i.e. CWP No.3418 of 2024 challenging the charge-sheet dated 22.07.2015 as well as the order of suspension dated 10.07.2021, however, the same was dismissed as withdrawn with liberty to file a fresh petition on the same cause of action with better particulars. Hence, this petition.

4. The sole contention raised by learned counsel for the petitioners is that since both the petitioners have already been acquitted vide Judgement dated 19.09.2022 passed by the Criminal Court, therefore, the respondents' action qua placing the petitioners under suspension and imposition of penalty of reduction of rank in service with penalties is illegal, therefore, the impugned orders i.e. charge-sheet dated 22.07.2015 (Annexure P-2 & P-3) and office order dated 10.07.2021 (Annexure P-8), whereby the petitioners have been awarded punishment, and the order dated 29.04.2015 (Annexure P-1), whereby the petitioners have been placed under suspension be set aside and the petitioners be given same rank, with all consequential benefits. In support of this contention, he has placed reliance upon the Judgements passed by the Hon'ble Supreme Court in cases titled as 'The Managing Director State Bank of Hyderabad and Anr. v. P. Kata Rao' 2008 (3) SCT 153 and '