The acquittal in a criminal case does not automatically set aside a dismissal order in a departmental inquiry, and the Punishing Authority conducting the inquiry does not violate principles of natural justice.

( 1 ) HEARD Smt. Poonam Srivastava counsel for the petitioner and standing counsel for the respondent. Counter rejoinder-affidavits have been exchanged and with the consent of the parties writ petition is being finally decided.

( 2 ) THE facts of the case as emerge from the pleading of the parties are :

"the petitioner was appointed on 7. 8. 1989 as constable in P. A. C. In 1997, petitioner was posted at Jhansi. On 6. 4. 1997, the P. A. C. battalion was returning from Fatehgarh to Jhansi. Petitioner along with several other constables were travelling by train under the supervision of head constable Mewa Lal. Petitioner without informing Mewa Lal got down from the train at Orai railway station. On 6th April, 1997, petitioner opened fire on the residents of the mohalla Umrar khera. The police from Kotwali Orai came and apprehended the petitioner along with other constable Santosh Kumar and took them in custody. A Case Crime No. 342 of 1997 was registered under Section 307. I. P. C. against the petitioner at police station Kotwali, Orai. Petitioner was placed under suspension on 7. 4. 1997. Shri R. K. Pandey was entrusted to hold a preliminary inquiry. A preliminary inquiry report was submitted by Shri R. K. Pandey. Charge-sheet dated 15. 5. 1997 was issued by Commandant Sri Ram Tripathi against the petitioner. The charges levelled against the petitioner contained the following allegations :

(a) While coming from Fatehpur under supervision of Mewa Lal, petitioner alighted from the train at railway station Orai, without permission of any competent authority along with one s. L. R. with ammunitions of 50 rounds. (b) On 6th April 1997 at 9. 30 p. m. , in mohalla Umar Khera under the influence of liquor abused the public at large and resorted to marpeet. (c) Did unauthorised firing from his S. L. R. "

( 3 ) THE petitioner in reply to the charges gave an application dated 23. 5. 1997 to the Commandant stating that charges are baseless. He stated that he will submit his detailed reply at the end of departmental Inquiry.

( 4 ) HE further submitted that on charges levelled against the petitioner, a case has been registered at police station Kotwali Orai, which is under investigation, hence on the same issues the departmental Inquiry is not justified.

( 5 ) A notice dated 28. 6. 1997, was given to the petitioner by Commandant that inquiry is being held under Rule 14 (1) of U. P. Police Officers of the Subordinate Ranks (Punishment and appeal) Rules, 1991, in which statement of witnesses in presence of the petitioner has been recorded and petitioner has also cross-examined the witnesses. The proceeding of prosecution has completed. Petitioner was asked to submit his explanation, documents and witnesses, which may be done within eight days in reply to the said notice. The petitioner submitted a reply on 14. 7. 1997. In his reply, he again stated that in the Criminal Case Crime No. 342 of 1997 under section 307, I. P. C. investigation is going on and till the investigation is not completed, the departmental inquiry is not in accordance with law. He stated that he has already given explanation of charges to the Investigating Officer in the criminal case which will be submitted in future in departmental proceeding. He prayed that this statement be treated to be his written statement and be kept in departmental file. The Inquiry Officer was the Commandant himself after completing the inquiry prepared an inquiry report dated 18. 7. 1997. The inquiry report found charges on the petitioner proved. The report was given to the petitioner along with show cause notice on 18. 7. 1997. The aforesaid show cause notice was replied by the petitioner on 26. 7. 1997. In the reply to show cause notice, petitioner for the first time took a stand that while he was in train, he suffered from dehydration and his condition deteriorated when he reached oral due to his illness he along With Santosh Kumar Sharma got down from the train to get medical t