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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MUKESH – Appellant
Versus
STATE OF HARYANA – 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 orders passed by Departmental Authorities whereby he was awarded punishment of forfeiture of four increments with permanent effect.
2. The petitioner was enrolled as Constable on 20.06.1974. He was promoted as Assistant Sub Inspector (ASI) w.e.f. 03.12.1996. He was implicated in FIR No.120 dated 15.07.2003 registered under Sections 452, 448, 511, 427, 147 and 148 of IPC at Police Station Rajaund. He was suspended w.e.f. 21.10.2003. He was subjected to departmental inquiry wherein he was found guilty. He was awarded punishment of forfeiture of four increments with permanent effect. He preferred appeal which came to be dismissed. The allegation in the FIR was that he in uniform visited a village without authorization and intervened in a family property dispute between Smt. Pushpa Devi and Sh. Prem Nath. He was carrying his service revolver. The Investigating Officer filed police report and petitioner faced trial. He came to be acquitted by trial Court as prosecution failed to prove its case beyond doubt.
3. Learned counsel representing
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.
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
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