An acquittal in criminal proceedings does not automatically invalidate a prior order of dismissal from service, as departmental inquiries operate on the principle of preponderance of probabilities, which is a lower standard of proof than the beyond reasonable doubt threshold required in criminal law.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner for the following reliefs:-

a. For direction upon the respondent authority for reinstating the petitioner at the post of head constable in CISF after quashing the order no. 6415 dated 06.06.2018 (Annexurre-8) passed by the respondent no. 2, whereby and whereunder the punishment of “dismissal from service” has been confirmed holding guilty under section 379/461 of the IPC in connection with Dhurwa P.S. case no. 121/2007 for offence under section 379/461 of the IPC, whereas the petitioner has been acquitted from the charge under section 379/461 of the IPC by the Learned Additional Judicial Commissioner-II, Ranchi, Jharkhand vide his order and judgement dated 16.11.2017 (Annexure-3) passed in Criminal Appeal No. 183/2015 (CNR-JHRN01-004479-2015).

b. For direction upon the respondents to pay all consequential benefits such as back wages etc. the petitioner after quashing the Order No.6415dated 06.06.2018 [Annexure-8].

c. Pass such other order or orders as Your Lordships may deem fit to do proper and conscionable justice to the petitioner.”

3. The case of the writ petitioner is that he was recruited as constable in CISF on 12.10.1984 and after completion of his training, he was posted at various places and units of CISF. The petitioner was promoted to the post of head constable in the year 2007 and he was posted at CISF unit HEC, Dhurwa, Ranchi. During the time when the petitioner was posted at CISF unit, HEC Dhruwa Ranchi, one FIR being Dhruva P.S. case no. 121/2007 dated 26.05.2007 was instituted against the petitioner for offence under section 379 and 461 of IPC alleging there in that after duty hours in the night of 25.05.2007 at about 2030 hrs, the petitioner entered inside 063 maintenance store for the purpose of committing theft and was caught by constable on duty, namely DD Singh and others, and accordingly ASI in charge of shift duty of CISF had launched a written complaint to this effect to local police Dhurwa.

4. The petitioner was suspended on the same day i.e. on 26.05.2007 vide office order no. 461 dated 26.05.2007. After suspension of the petitioner, a departmental proceeding was initiated and the following charge was framed against the petitioner:-

5. Thereafter, departmental proceeding was initiated against the writ petitioner and after the completion of the departmental proceeding, the writ petitioner was found guilty and punishment of “Dismissal from service” was passed vide order no. V-15014/RAP/Ad-III/Major-04/2008-379 dated 04.02.2008. The writ petitioner challenged the order dated 04.02.2008 by way of a departmental appeal which was also rejected vide order dated 11.04.2008.

6. Meanwhile, the criminal proceedings continued against the writ petitioner and vide judgment dated 24.08.2015, the writ petitioner was convicted under Section 461 of the Indian Penal Code and was sentenced for 2 (two) year simple imprisonment. The writ petitioner preferred an appeal against the judgment dated 24.08.2015 which was registered as Criminal Appeal No. 183 of 2015. The said appeal was allowed vide judgment dated 16.11.2017 passed by the Learned Additional Judicial Commissioner-II, Ranchi and the writ petitioner was acquitted from all charges.

7. The writ petitioner thereafter, gave a representation dated 18.01.2018 to the Respondent No. 3 for re-joining his services on the ground that the writ petitioner has been acquitted in Criminal Appeal No. 183 of 2015. In reply to the said l