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G. S. AHLUWALIA
VIJAY TRIPATHI – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
1. This petition under Article 226 of the Constitution of India has been filed against the order dated 28-6-2016 passed by the Superintendent of Police, Satna in File No. SP/Satna/Steno/DE/08/2016 by which the petitioner has challenged the charge-sheet as well as departmental enquiry against him.
2. It is the case of the petitioner that on 14-5-2016 S.P.E. (Lokayukt) prepared a trap and the petitioner along with Head Constable 279 Dadan Singh and Constable 509 Mukesh Dwivedi were made accused in Crime No. 153/2016 for offences under sections 13(1)(d) read with section 13(2) of the Prevention of Corruption Act. The allegation against the petitioner was that he was a part of conspiracy in taking bribe. It is submitted that on 28-6-2016 departmental charge-sheet has been issued which is based on vague charges. Without considering the reply submitted by the petitioner, an Enquiry Officer and Presenting Officer cannot be appointed by order dated 19-7-2016 and accordingly the charge-sheet and the departmental enquiry has been challenged.
3. It is submitted by counsel for the petitioner that during the pendency of this writ petition, the petitioner was acquitted in criminal case by j
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
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 a criminal case does not absolve the delinquent from liability under disciplinary jurisdiction.
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