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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Constable No. 118 Awadhes Kumar Pandey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Umesh Vats, learned counsel assisted by Shri Balwant Singh, learned counsel for the petitioner-appellant and Shri Ratan Deep Mishra, learned Standing Counsel along with Shri Piyush Shukla, learned Standing Counsel for the State/respondents.
2. Present special appeal has been preferred assailing the validity of the impugned judgment and order dated 19.10.2023 passed by the learned Single Judge in Writ-A No. 40893 of 2010 (Const. No. 118 Awadhesh Kumar Pandey v. State of U.P. & Ors.) which, for ready reference, is reproduced in entirety as under:
2. This writ petition has been preferred for seeking quashing of the impugned orders dated 10.5.2009, 10.9.2009 and 10.5.2010 passed by respondent nos. 2, 3 and 4 respectively through which the services of the petitioner has been terminated.
3. It is the case of the petitioner that the he was duly selected and appointed as Constable in Civil police and was posted at police station Bakhira District Sant Kabir Nagar. On 12.9.2008, the petitioner was assigned special du
The court held that a disciplinary dismissal based on unproven charges is unjustified, especially when the employee is acquitted in related criminal proceedings.
The dismissal of a police officer based on departmental proceedings was unjustified as the charges were not proven, and acquittal in criminal proceedings must be considered.
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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