Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.

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 No.4 on the basis of registration of criminal case against him. The departmental enquiry was initiated against the petitioner regarding his absence from work. The investigation officer was appointed on 23.11.2009 and charge sheet was issued to the petitioner. The same was handed over to the petitioner along with photocopy of the documents as well as the list of prosecution witnesses. The petitioner submitted sick application along with medical documents but the said documents were not taken note of and he was held guilty and penalty of deduction of amount equal to increment of one year was imposed and the absence of petitioner from 03.08.2009 to 06.11.2009 was treated to be period as 'no work no pay' and he remained suspended during the aforesaid period.

4. On 23.11.2009, the respondent No.4 again initiated enquiry against the petitioner. Three charges were levied against him which were similar to the charges framed in criminal offence against the petitioner. After conclusion of the departmental enquiry, the charges levied against the petitioner were found proved and he was held guilty for breach of 64(11) of Police Regulation and for breach of Rule 3 General (1) 2 & 3 of M.P. Civil Services Conduct Rules, 1965.

5. On 19.05.2010, the respondents passed an order of compulsory retirement of the petitioner and further observed that the suspension period remains as it is and the final decision with respect to suspension period shall be taken after the decision in the criminal case. The petitioner preferred an appeal against the said order before the respondent No.3 but the same was dismissed vide order dated 13.09.2010. The second appeal preferred before the respondent No.2 was also dismissed vide order dated 19.11.2010. Thereafter, the petitioner was acquitted in the criminal case by the court of JMFC Bhopal by judgment of acquittal dated 26.03.2015. After acquittal of the petitioner from the criminal case, he preferred several representations to the authorities requesting for reinstatement in service but of no consequence. Thereafter, a mercy appeal dated 07.09.2015 was preferred before the Additional Deputy General of Police, Railways, Bhopal and vide order dated 16.09.2015 by assigning the reason that this issue has already been considered and rejected by the order dated 13.01.2