Acquittal in a criminal case on merits precludes disciplinary action under Rule 12 of the Delhi Police (Punishment & Appeal) Rules, 1980.

ORDER (ORAL)

Hon’ble Mr. R. N. Singh, Member (J)

In the present OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):-

“(a) Quash and set aside impugned orders dated 07.03.1994 (Order initiating departmental enquiry), 27.10.1997(Findings), Final Order dated 24.11.1997 and Appellate Authority order dated 26.03.2019 (mentioned in Para 1 of the OA), whereby the Applicant is inflicted with the major penalty of withholding of one increment for one permanently with cumulative effect. And b) Direct the respondents to restore the withheld increment of the Applicant and accord all the consequential benefits arising there from viz. difference in pay, arrears, preponement of grant of ACP and MACP Scheme from the due date, promotion, seniority etc. to the Applicant. And (c) Award cost in favor of the Applicant and against the respondents.

And/ or (d) Pass any further order,, which this Hon'ble Tribunal may deem fit, just equitable in the facts and circumstances of the case.”

2. Contesting and disputing the claim of the applicant, respondents have filed a reply and they have prayed for dismissal of the OA. Applicant has filed rejoinder reiterating the claim and the grounds urged in support thereof.

3. We have heard the learned counsels for the parties and with their assistance we have also perused the pleadings available on record.

4. Undisputed facts are that a departmental inquiry was initiated against the applicant while working as Constable (Exe.) under the respondents (subsequently promoted as Sub-Inspector (Exe.) and is likely to retire on attaining the age of superannuation w.e.f. 30.04.2025. A case FIR no. 50/93 dated 22.01.1993 u/s 451 of IPC was registered against the applicant with P.S. – Punjabi Bagh, Delhi on the complaint of one Sh. Matapher. He was arrested in the said case FIR. Initially the departmental proceeding was held in abeyance till examination of Prosecution Witnesses (PWs) in the said case FIR, however, later the inquiry was started. He was acquitted by the learned Court of competent jurisdiction vide order/judgment dated 02.12.1996 in the said case FIR.

5. Learned counsel for the applicant has argued that the allegations against the applicant in the departmental inquiry as well as those in the criminal case FIR were the same and once the applicant was acquitted from the charges level against him in the said case FIR in terms of provisions of Rule 12 of Delhi Police (Punishment& Appeal) Rules 1980 (hereinafter referred to as the Rules), he was mandatorily not required to be punished by the respondents in the departmental case. In support of his such arguments, Mr. Ahuja, learned counsel for the applicant has placed reliance upon a order/judgment dated 12.08.2011 of a Division Bench of the Hon’ble Delhi High Court in W.P. (C) No. 4941/2000 titled George N.S. vs. Comm. of Police (Annexure A/9).

6. On the other hand, Mr. Dhananjai Rana, learned counsel for the respondents has though not disputed the factual matrix of the case, precisely recorded hereinabove, however, has vehemently opposed the claim of the applicant. He has argued that :-

(i) It is a settled law that disciplinary proceeding as well as criminal proceeding can go on simultaneously;

(ii) Even the defence witnesses of the applicant have not proved his innocence in the departmental case;

(iii) Further that the case of the applicant falls under exceptions (a) & (e) of the Rules.

7. He has also argued that the applicant has chosen to prefer a statutory appeal approximately after 20 years and, therefore, also the OA is not maintainable.

8. After order of the initiation of the departmental proceeding, the following charges were framed against the applicant in the impugned disciplinary proceedings :-

“I, Inspector Ashok Kumar Gera, RI/VI Bn. DAP, enquiry officer charge you Constable Umed Singh No.332/T, 7248/DAP that while posted in Traffic Unit sealed over the wall of Kothi No. 2/37. Punjabi Bagh, Delhi an