RAJENDER KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner was dismissed by the concerned Disciplinary Authority after the Enquiry Officer held him guilty of misconduct in that he assisted the manipulation of records to facilitate a candidate in the process of recruiting Constables to the Central Reserve Police Force (CRPF). The dismissal order was based upon evidence of witnesses who had heard the petitioner confess to the wrongdoing. The petitioner's appeal dated 03.04.2006 to the Competent Authority was rejected. The petitioner then filed W.P.(C) No.15728/2006 in this Court which was directed to be treated as revision petition. On 26.02.2009, the said revision petition was also rejected.

(2.) Parallely, the petitioner was also prosecuted for the offences punishable under Sections 419, 420, 468, 471, 120-B of the Indian Penal Code. The Criminal Court held that the petitioner's guilt could not be proved beyond reasonable doubt and consequently acquitted him of the charges by judgment dated 20.11.2013.

(3.) Therefore, he sought reinstatement to the services through a representation which was turned down by CRPF. Learned counsel has sought to place reliance on the judgment of the Supreme Court G.M. Tank vs. State of Gujarat and Others, 2006 5 SCC 446 and emphasized that the Supreme Court in the said case has ruled that the subsequent acquittal of an employee charged with misconduct and dismissed from services can be gone into by the Writ Court which can grant appropriate relief in the interest of justice.