Disciplinary proceedings can continue independently from criminal cases, and acquittal does not guarantee reinstatement; the standard of proof in such proceedings is preponderance of probabilities.

ORDER :

Milind Ramesh Phadke, J.

This petition under Article 226 of the Constitution of India has been filed by the petitioner being aggrieved the order dated 19.07.2013 passed by respondent No.4 whereby services of the petitioner were terminated after conducting departmental enquiry.

2. The petitioner is further aggrieved by the order dated 03.10.2013 passed by respondent No.3 whereby the appeal preferred by the petitioner against the said order was rejected. The petitioner is also aggrieved by the order dated 03.05.2014 passed by respondent No.2 whereby the second appeal preferred by the petitioner was also rejected.

3. In brief, the facts of the case are that initially the petitioner was appointed as constable on 19-07-2002 and he was posted in 18th Batalian, , Shivpuri (M.P.). After appointment, the petitioner with due sincerity and honesty had discharged his duties in accordance with the directions issued by the superior Authorities. Considering the same during his service tenure the petitioner had received 42 rewards and 2 minor punishments. In May 2012, the petitioner was posted at Itarsi Railway Station. On 11-05- 2012, a criminal case bearing crime no. 403/2013 under section 376, 507, 576 of IPC was registered against him at Police Station Madhavnagar District Ujjain and he was taken into the policy custody. The information to that effect was communicated by the Superintendent of Police Ujjain, to the commandant 18th Battalion Shivpuri. Consequently, the petitioner was placed under suspension vide order dated 14-05-2012. The aforesaid suspension order was revoked vide order dated. 10-08-2012. Thereafter, respondent had issued a letter dated 07-07-2012 directing the petitioner to appear on duty. After obtaining bail in the aforesaid case, the petitioner gave his joining at the respondent Head Quarter on 24-07-2012 and after conducting the preliminary enquiry, Shri S.K. Tiwari Asstt. Commandant submitted his preliminary enquiry report dated 05-07-2012. The disciplinary authority thereafter issued show cause notice to the petitioner and called reply, being unsatisfied, on the basis of aforesaid inquiry framed two charges against him, the details thereof are reproduced herein-below:-

A. That, the petitioner at the time of posting at GRP Polish Station Itarsi after contacting a woman on phone had absconded from his duty to meet her at Ujjain where a disputed situation arose, on its basis, a criminal case at crime no. 403/2012 under section 376, 507 of IPC was registered and he was taken into police custody on 11-05-2012, hence the petitioner degraded the police reputation and had acted contrary to para 64 (4) and (5) of police regulation.

B. That, the petitioner without any prior intimation remained unauthorizedly absent from 11-05-2012 up till 27-07-2012 and therefore by absconding for 75 days, he has committed gross negligence against his duties.

4. In the departmental enquiry, the prosecution examined 12 witnesses whereon the petitioner was given an opportunity of cross-examination. During departmental enquiry, the criminal trial was also proceeded simultaneously before the Learned Session Judge, Ujjain, in which, on the basis of evidence put forth by the prosecution, the learned trial Court vide order dated 10-10-2012 acquitted the petitioner in session case no. 357/2012 instituted on the basis of crime no. 403/2012. The enquiring officer submitted his enquiry report dated 29-04-