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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL MISHRA
Ashok Kumar Patel – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. Assailing the order dated 19.05.2010 passed by respondent No.4 whereby, the petitioner has been compulsorily retired from service, the present petition has been filed.
2. It is the case of the petitioner that he was a Constable in GRP Chowki, Habibganj on 03.08.2009. His duty was fixed in Musafirkhana Reservation Office from 20.00 hours to 08.00 hours. It is alleged that during his duty hours on 03.08.2009 while coming to Habibganj from Itarsi in train No.2534 Pushpak Express the petitioner demanded Rs.500/- from passenger of Coach S-12, Berth No.56, named Rafiq, R/o Patae Bazar, Morava, Tehsil Kurwa, District Unnav (U.P.). It was further alleged that the petitioner punched and slapped the said passenger and used filthy language and moreover he snatched the ticket of the said passenger. The FIR of the said incident was lodged in GRP Thana Bhopal after taking Dehati Nalishi of Raffiq by Additional Sub-Inspector-M.P. Thakkar going to resident of complainant Rafiq. Thereafter, criminal case at Crime No.377/09 for offence under Sections 323 , 294 and 327 of IPC was registered against the petitioner on 07.08.2009.
3. The petitioner was placed under suspension by the respondent
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
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 court held that a disciplinary dismissal based on unproven charges is unjustified, especially when the employee is acquitted in related criminal proceedings.
Acquittal in criminal proceedings does not guarantee reinstatement in service due to differing standards of proof in departmental inquiries.
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