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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jagmohan Bansal
Amar Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of:
(i) Order dated 22.10.2022 passed by respondent No. 4 whereby he was dismissed from service;
(ii) Order dated 17.03.2023 (Annexure P-3) and order dated 29.12.2023 (Annexure P-5) passed by Additional Director General of Police, State Armed Police, Jalandhar-respondent No. 3 whereby his appeals against the order dated 22.10.2022 (Annexure P-1) were dismissed.
2. The petitioner joined Punjab Police on 22.09.1990. In 1994, he was promoted to the rank of Head Constable. In 2012, he was adorned with rank of Assistant Sub-Inspector (Local Rank). An FIR No. 129 dated 15.10.2022 under Sections 365, 392, 120-B IPC and Section 25 Arms Act, 1959 at Police Station Division No. 8, Ludhiana was registered against him along with four other persons. He was arrested in the said FIR. The Disciplinary Authority invoking Clause (b) of second proviso to Article 311 (2) of the Constitution of India dismissed him from service without conducting inquiry. He unsuccessfully preferred an appeal before Appellate Authority. He faced trial and came to be acq
Departmental proceedings must adhere to fair process, especially post-acquittal, ensuring that dismissals are justified and not arbitrary.
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....
An acquittal in criminal proceedings does not preclude departmental punishment unless specific exceptions in the applicable rules are satisfied.
The central legal point established in the judgment is the mandatory nature of dismissal of a police officer upon conviction and imprisonment, as prescribed in Rule 16.2(2) of the 1934 Rules.
The suitability of reinstatement following dismissal for misconduct, contingent on criminal conviction and statutory rules.
A police officer convicted of a criminal charge must be dismissed from service as per Rule 16.2 of the Punjab Police Rules, with no discretion for lesser punishment.
Acquittal in criminal proceedings necessitates a review of departmental punishment under Punjab Police Rules, 1934, ensuring procedural compliance by authorities.
Acquittal in criminal proceedings does not guarantee reinstatement in service due to differing standards of proof in departmental inquiries.
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.
The main legal point established in the judgment is that if the foundation of departmental proceedings and criminal trial is the same, the court must examine the judgment of acquittal and consider re....
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