ORDER

Hon’ble Ms. Manjula Das, Chairman The applicant had filed SWP No.975/2018 before the Hon’ble High Court of Jammu & Kashmir in the year 2018, and on reorganization of the State, the said SWP has been transferred to the Srinagar Bench of this Tribunal and renumbered as TA No.3356/2021.

2. The applicant in the instant case has prayed for the following reliefs:-

a) Issue an appropriate Writ, direction or order, including on in the writ of Certiorari quashing the impugned communication No.APHQ/Lega-Opn/IRP/2017/ 5279-9 dated 26.12.2017 and charge sheet No.Estt/Eng/IR-1st/2018/3074 dated 17.02.2018 issued by the respondents (Annexure D to the writ Petition).

b) Issue a Writ, direction or order, including one in the form of Mandamus directing the respondents to act upon the Order No.432 of 2017 dated 05.10.2017 and subsequently release all the service benefits in favour of the petitioner.

c) Any other writ order or direction which this Hon’ble Court may deem fit and proper in the attendant facts and circumstances of the case may be issued in favour of the Petitioner and against the respondents.”

3. Brief facts of the case are that the applicant was appointed as Constable in Police Department in JKAP 4th Bn, vide order No.1276 of 1991 dated 11.11.1991 w.e.f. 06.11.1991. It is submitted by the applicant that in the year 2004, he was implicated in a false case in FIR No.80/2004 under Sections 420, 468, 471 RPC of Police Station, Crime Branch, Srinagar. Subsequently, the challan in the aforementioned FIR was filed before the competent court of law and the applicant was acquitted of the charges levelled against him, vide judgement dated 10.09.2016 (Annexure A) passed by the Hon’ble Court of Principal District and Sessions Judge, Baramulla.

It is further submitted by the applicant that after acquittal from the above criminal proceedings, a departmental enquiry was initiated and a chargesheet was served upon him by the Dy.

Commandant IRP 1st Bn, Resi, vide No.DYCO/ CHG-SHT-428/IR/17/339 dated 21.09.2017. The applicant filed a detailed reply to the said chargesheet. Thereafter, the respondent no.5 submitted his findings, vide No.Dy.Co/Findings /IR/17/352 dated 03.10.2017 (Annexure B) recommending that the applicant may be exonerated from the charges levelled against him and all departmental benefits to which he was otherwise entitled, may also be awarded to him as per rules because he remained on duty during the course of trial/ investigation.

4. It is further submitted by the applicant that the respondent no.4 after going through the enquiry report, agreed with the findings of the enquiry officer and accordingly exonerated the applicant in terms of order no.432 dated 05.10.2017 (Annexure C). It is averred that despite exoneration of the applicant, the respondent no.3 issued communication dated 26.12.2017 directing the respondent no.4 to conduct de novo enquiry against the applicant. Accordingly, the respondent no.4 again issued chargesheet to the applicant vide letter dated 17.02.2008 directing him to file reply to the charges levelled against him.

5. It is the contention of the applicant that since he has already been acquitted by the Trial Court and stood exonerated by the respondent no.4 vide order dated 05.10.2017 in a departmental enquiry, the respondents are estopped from initiating de novo enquiry against him, which is against the rules and law on the subject. Hence, he filed the present petition for the reliefs, as prayed for.

6. The respondents have filed their counter reply denying the claim of the applicant. They have stated that the applicant was appointed as Constable in the year 1991 on production of fraud 8th class Certificate along with other testimonials.

In 2003, when he was posted in JKAP 11th Bn, an anonymous complaint was filed before the Crime Branch, Srinagar alleging therein that the applicant managed his appointment on production of fake and forged 8th class certificate and accord