Acquittal in a criminal case based on identical facts and charges requires reconsideration of departmental penalty.

ORDER:

Heard the Counsel for the Petitioner and the learned Senior Designated Counsel Mr. B. Mayur Reddy on behalf of the Respondents.

2. The petitioner has approached this Court, seeking the following relief:

“To issue an order or direction, more particularly one in nature of a Writ of Mandamus or any-other appropriate writ declaring the orders passed by the 2nd respondent dated 09.05.2013 and the order passed by the 3rd respondent in proceedings No.V-15014/L & R/SS/Rev/PDB/2012, dated 30.11.2012 confirming the order passed by the respondent no.4 dated 11.6.2012 which is passed confirming the order passed by the respondent no.5 in proceeding no.V-15014/GHH/Maj(18/11) DB-IGM (H)/Ad.IV/111558 dated 31.3.2012 imposing the penalty of “Reduction of pay by one Increment in Pay Band (PB-1) for a period of 01 (one) year with immediate effect. It is further directed that during the period of reduction, he will not earn increments of pay and on expiry of this period, the reduction will have the effect of postponing the future increments of his pay” even though on the very same charges the petitioner faced criminal prosecution and the same is ended in acquittal through judgment in C.C.No. 93 of 2012 on the file of Special Magistrate No.II, Cyberabad at Malkajgiri, dated 11.12.2012, even though petitioner has not committed any such alleged accident and even though the petitioner is not the driver at the time of the alleged accident, without assigning any valid reasons, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India. Consequently, direct the respondents to give all the benefits to the petitioner including release of the increment.”

3. The case of the Petitioner, in brief, as per writ affidavit filed, is as follows:

a) The petitioner was appointed as driver in the Central Industrial Security Force in the year 1997 and since then he has been working at the utmost satisfaction of the authorities.

b) The respondent No.4 issued a charge Memo on 28.12.2011, alleging that following charge:

"CISF No.974340063 HC/Driver Dinesh Babu of CISF Hyderabad was detailed for duty with vehicle bearing No.AP-29 AD 0940 (Bolero). While bringing the Assistant Commandant, CISF Group Headquarters, Hyderabad (who was looking after the duties of Unit Commandant, CISF Unit, IG Mint, Hyderabad) from CISF Group Headquarters, Hyderabad to CISF Unit, IG Mint, Hyderabad, the said vehicle met with tan accident at about 15.40 hours on 06th July 2011 near M.R.R. School, Kushaiguda. During the accident, one civilian motor cycle rider viz., Mohd Nizamuddin, who was riding the motor cycle bearing No. AP 09 BU 8969 sustained head and knee injuries. While undergoing treatment, the motor cycle rider succumbed to injuries on 18th July 2011. Such act on the part of CISF No. 974340063 HC/Driver Dinesh Babu, P of CISF Unit, IG Mint, Hyderabad, amounts to careless and lack of alertness in driving the said official vehicle. Hence the charge."

c) Having acknowledged the said charge memo, the petitioner submitted a detailed explanation on 6-1-2012 in which he clearly denied the said charge. The respondent no.6 was appointed as an Enquiry Officer and after completion of enquiry even though the charges leveled against the petitioner were not proved and even though there is no material come on record to substantiate the charges leveled against him but upon his own given a finding that the charges leveled against him are proved.

d) Upon submitting such report by the 6th respondent, the 5th respondent passed orders dated 31.03.2012 imposing penalty of “Reduction of pay by one increment in Pay Band (PB-1) for a period of 01 (one) year with immediately effect. During the period of reduction, the petitioner will not earn increments of pay and on expiry of this period, the reduction will have the effect of postponing the future increments of his pay”.

e) Aggrieved by the same, the p