IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Davinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 23.06.2025 passed by Appellate Authority whereby appeal against order of dismissal from service has been rejected.
2. The petitioner joined Punjab Police force as Constable on 22.12.2011. He was implicated in FIR No.129 dated 03.05.2017 under Sections 22 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sarmala, District Ludhiana. Vide order dated 04.05.2017, he was placed under suspension. Senior Superintendent of Police, Kapurthala while exercising powers under Rule 16.2 of Punjab Police Rules, 1934 (for short ‘PPR’) vide order dated 29.01.2019 dismissed him from service. He preferred appeal before Inspector General of Police (‘IGP’) which came to be dismissed vide order dated 05.08.2019. He faced trial and came to be acquitted vide judgment dated 05.03.2024 passed by Trial Court. After acquittal, he preferred appeal before the Director General of Police (‘DGP’), Punjab to reinstate him in the light of judgment of acquittal passed by Trial Court which has been rejected vide impu
Acquittal in criminal proceedings does not guarantee reinstatement in service due to differing standards of proof in departmental inquiries.
Departmental proceedings must adhere to fair process, especially post-acquittal, ensuring that dismissals are justified and not arbitrary.
Acquittal in criminal proceedings impacts related departmental inquiries; due process violations render disciplinary actions void.
Acquittal in criminal proceedings does not preclude disciplinary actions unless misconduct is independently substantiated; failure to establish such misconduct renders the dismissal legally untenable....
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