The court emphasized that prior acquittals in criminal proceedings should substantially impact disciplinary actions arising from the same facts, deeming unjust excessive penalties like dismissal.

ORDER :

1. This petition has been filed by the petitioner under Article 226 of the constitution of India seeking following relief:-

“7.1 That this Hon'ble Court may be pleased to issue appropriate writ/order/direction to quash the order dated 30.5.2024 and 20.11.2024 (P/1& P/2) passed by the respondent no.3 and 3.

7.2 That this Hon’ble Court may further please to direct that respondent to reinstate the petitioner in service and grant all consequential benefits including the monitory benefits.

7.3. That allow the petition with cost.

7.4 That any other relied this Hon’ble Court may think fit may grant.”

2. The petitioner is aggrieved by the orders dated 30.5.2024 and 20.11.2024, passed by the respondent no.4 and 3 respectively. Vide order dated 30.5.2024, the order of termination has been passed by the respondent no.4/Deputy Inspector General of Police, District Ujjain, whereas, vide order dated 20.11.2024, the appeal preferred by the appellant has also been rejected by respondent no.3/Inspector General of Police, District Ujjain.

3. The petitioner’s case is that he was posted as Sub Inspector of Police, at Bhatpachlana, Ujjain wherein, on 30.6.2020, an FIR was registered against the petitioner u/ss. 376, 376(2)(n), 605 and 323 of IPC (Annexure P-3) by a female constable pursuant to which a charge sheet was also issued to him on 8.5.2020. Whereas a charge sheet was also issued against him in the departmental enquiry, alleging minor misconduct that the petitioner had kept in contact with the victim and had also assaulted her, which has tarnished the reputation of police department in the public domain.

4. Since both the cases had arisen out of the same set of facts, with a view to stay the proceedings before the department, the petitioner also filed W.P. No. 19417/2020 (Annexure P-5) which was disposed of by the coordinate Bench of this Court on 27.2.2023, directing the petitioner to file an application for stay of the departmental proceeding before the respondent and observing that in case such an application is filed by the petitioner, then, before proceeding further for recording of evidence, the application be decided by passing a reasoned and speaking order. However, the said application was rejected by the department on 6.4.2023 and continued with the enquiry which led the petitioner to file another writ petition No.14575/2024 challenging the aforesaid order. However, since the enquiry report was already prepared, the coordinate Bench of this Court, in W.P.No.14575/2024 vide order dated 31.5.2024,by way of interim measure, directed that no final order shall be passed in the departmental enquiry. However, according to the petitioner the final order was already passed on 30.5.2024, and subsequently, W.P.No.14575/2024 was dismissed as withdrawn on 15.7.2024 with liberty to the petitioner to challenge the order dated 30/5/2024 in accordance with law.

5. The aforesaid final order dated 30.5.2024 was challenged in an appeal dated 24.7.2024,which was dismissed by the respondent no.3 Inspector General vide its order dated 20.11.2024, which is also challenged before this Court.

6. Counsel for the petitioner has submitted that during pendency of the appeal, the criminal case which was registered under Section 376 of IPC was also decided vide judgment dated 23.10.2024, whereby, the petitioner was acquitted of all the charges on merit