STATE OF KERALA Vs. P.PRADEEPKUMAR

JUDGEMENT

(1.) The State and its officers have preferred this original petition challenging order dated 23/1/2020 in OA No.2057/2018. By the impugned order, the Tribunal has set aside the disciplinary proceedings initiated by the petitioners against the respondent herein.

(2.) The short facts of the case would disclose that the respondent herein while working as Circle Inspector of Police, Vellarada was suspended from service by order dated 28/2/2006 as he was involved in a case relating to receipt of illegal gratification. The case originated on account of a trap at the instance of the State Vigilance Department. Final report was filed by the Vigilance before the Enquiry Commissioner and Special Judge, Thiruvananthapuram and after conducting trial, the delinquent officer was dismissed from service w.e.f. 4/10/2011. While the vigilance case was pending, the delinquent officer was reinstated in service on 19/8/2007 and he was promoted as Dy.S.P. as per order dated 8/7/2009.

(3.) The petitioners herein, State and its officers, supported their stand in the matter inter alia contending that there is no bar in taking departmental proceedings and criminal action simultaneously. In so far as in the present case, the delinquent officer was dismissed from service on a finding by the Enquiry Commissioner and Special Judge, no departmental action was contemplated. However, when he is acquitted from the charges levelled against him by an order passed by the High Court, there is no legal bar in proceeding with the disciplinary action.