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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jagmohan Bansal
Amar Singh – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner seeks reinstatement after unlawful dismissal. (Para 1 , 3 , 6) |
| 2. acquittal in criminal proceedings does not preclude departmental action unless procedural standards are upheld. (Para 2 , 4 , 5 , 10 , 17) |
| 3. departmental dismissals must follow fair processes and not be arbitrary. (Para 7 , 12 , 22 , 23) |
| 4. legal standards require proper inquiry prior to imposing disciplinary actions. (Para 8 , 11 , 15 , 18 , 21) |
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,
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.
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