Point of Law: In the disciplinary proceedings, the rule of the preponderance of probabilities is applied whereas, in the criminal proceeding, the principle of strict standard of proof beyond a reasonable doubt is applicable.

JUDGMENT :

1. Heard learned counsel for the petitioner and Dr. Amarnath Singh, learned Standing Counsel for respondent nos.1 to 3.

2. The petitioner by means of the present writ petition has prayed for the following relief:-

“(i). Issue a writ, order or direction in the nature Certiorari to quash departmental proceeding under Rule 14(1) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules-1991 related to Case Crime No.109 of 2019, under Sections 392, 406 I.P.C., Police Station-Nagal, District Saharanpur, pending against the Petitioner before Respondent no.3.

(ii). Issue a writ, order or direction in the nature of mandamus commanding and directing the Respondents especially Respondent No.3 not to proceed further departmental proceeding against the Petitioner under Rule 14(1) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules-1991 related to Case Crime No.109 of 2019, under Sections 392, 406 I.P.C., Police Station-Nagal, District Saharanpur, pending before him.”

3. The brief facts of the case are that petitioner is a Police Constable. He was posted in Surveillance Cell G.R.P., Agra. One Mohd. Akhtar lodged an F.I.R. against one Basheer and some unknown person under Sections 406 and 392 of I.P.C alleging that at about 3.00 A.M on 13.05.2019, he had looted Rs.8,34,700/- from his brother when he was sleeping along with his friends on the roof of a house behind the Dhaba of Mulla Ji in village Umah, P.S. Nagar, District Saharanpur. The police arrested Basheer and other persons. During the investigation, the accused admitted loot, and further stated that the loot was committed with the help of Constable Rinku Singh i.e. the petitioner. The looted money was recovered from the possession of the accused and accordingly, police converted the case under Sections 395 and 412 of I.P.C.

4. According to the petitioner, he was not named in the F.I.R. and his name surfaced during the confessional statement of accused persons. The petitioner filed Criminal Misc. Writ Petition No.14957 of 2019 against the F.I.R. dated 13.05.2019 in which this Court stayed the arrest of the petitioner till submission of a police report under Section 173(2) of Cr. P.C by order dated 29.05.2019. The police after investigation submitted charge sheet.

5. The Magistrate Deoband, Saharanpur took cognizance of the charge sheet, and accordingly, a Criminal Case No.579 of 2019 (State Vs. Basheer Khan and Others) was registered which is pending before the Additional Civil Judge (J.D.)/Judicial Magistrate, Deoband, District Saharanpur.

6. It appears that a departmental proceeding had also been initiated against the petitioner on account of his involvement in the criminal case and accordingly, a charge sheet dated 21.08.2019 has been issued to the petitioner on the following charges:-

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7. The petitioner pursuant to the aforesaid charge sheet submitted his reply on 11.01.2020.

8. In the aforesaid factual backdrop, the