A police officer acquitted in a criminal trial cannot face departmental punishment for the same charges, as per Rule 12 of the Delhi Police (Punishment & Appeal) Rules, 1980.

ORDER (ORAL)

Hon’ble Mr. R. N. Singh, Member (J):

In the present OA, the applicant is aggrieved by findings dated 31.12.2014 (Annexure- A/1) of the enquiry officer in the departmental proceedings initiated against him, order dated 12.05.2015 (Annexure-A/2) passed by the Disciplinary Authority awarding punishment of forfeiture of two (02) years approved service permanently entailing proportionate reduction in the pay of the applicant i.e. Const. Parveen, No. 5925/T, Appellate order dated 06.01.2018 vide which the appellate Authority has rejected the applicant’s Statutory appeal. The applicant has prayed for the following reliefs in the present OA:-

“1. To quash and set aside the impugned Findings dt. 31.12.2014, Order of punishment dt. 12.5.2015, Appellate Order dt. 6.1.2018

2. To direct the respondents to restore to the applicant their original service with all consequential benefits including seniority/promotion, arrears of pay and the period of suspension being treated as spent on duty for all intents and purposes.

2. To award costs in favour of the applicant and

3. To pass any order or orders, which this Hon’ble Tribunal may deem just & equitable in the facts & circumstances of the case.”

2. The claim of the applicant has been contested by the respondents by way of counter reply and they have prayed for dismissal of the OA with cost.

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

4. In the departmental enquiry, the following charges were framed against the applicant:-

“I W/Inspr. Seema Sharma, TI/RSC charge you Ct. Parveen No. 5925/T that a case FIR No. 254/13 U/S 376-D/120-B/109IPC and 3, 4, 5 ITP Act PS Vikas Puri was registered on the complaint of Ms. Sonia D/o Sh. Mahender Kumar R/o H.No. D-55 C, D-Block, Tilak Vihar, New Delhi in which she alleged that she has been repeated sexual assaulted by Ajay, Satender and another man against her wishes on 08.08.2013 at a flat in Dwarka, Delhi. She was acquainted with Kiran Kalia W/o Ramesh Chand R/o WZ-19, Ram Nagar, Chowkhandi, Tilak Nagar who is pimp and the complainant was well known to her. On 08.08.2013 Kiran, Kalia contacted Sonia and ask her to accompany one man namely Ajay to spend one night with him for an amount of Rs. 3000/- out of which she was promised Rs 1500/-. Ajay and another man picked her up on a motorcycle from PVR Vikas Puri and reached a flat at Dwarka where she was sexually assaulted by 3 persons against her wishes.

Investigation of the above case was entrusted to W/SI Khiloni and the accused person (1) Kiran Kalia W/o Ramesh Chand R/o WZ-19, Ram Nagar, Chowkhandi, Tilak Nagar (2) You, Parveen S/ Sh. Jai Pal Ro VPO Majra P.S. Beri, Distt-Jhajjar, Haryana (3) Satender S/ Maahender R/o VPO Imlota, Tehsil- Charkhi Dadri,. Distt- Bhiwani, Haryana and (4) Ajay Gupta S/o Rajender Gupta R/o WZ-365, Tihar Village, Delhi were arrested on 09.08.2013 and sent to Judicial Custody. During the investigation it was raveled that you, Parveen are employed as constable in Delhi Police and were posted in Traffic Unit. Further in your discloser statement you Ct. Parveen reveled that you have sexually assaulted the victim against her wishes at Govt. Q. No. 52, Sec-16-B, Dwarka. The medical examination of the complainant and accused persons was got conducted and the exhibits have been sent to FSL for experts opinion.

The statement of Sonia was recorded U/S 164 Cr. PC. In which she stated that she had made the above complaint at the instance of accused Kiran Kalia. TIP proceedings were conducted. Accused Ajay refused to take part in the TIP proceedings. The complainant failed to recognize you Ct. Parveen and Satender during TIP proceedings and it appears that Victim/Complainant has been won over by accused persons were as during the investigation has come to light that You Ct. Parveen were involved in the offenses of rape and offenses under ITP Act as you have used your Govt. allotted flat for commission of the